- Says he can’t disobey Federal High Court order
- It’s an interim setback – Ondo Assembly
The Chief Judge of the Ondo State, Justice Olusegun Odusola, has declined to set up a seven-man investigation panel to investigate allegations of gross misconduct leveled against the embattled Deputy Governor, Lucky Aiyedatiwa.
The State House of Assembly had written the Chief Judge of the state, asking him to constitute the panel in line with Section 188 of the 199 Constitution of the Federal Republic of Nigeria as amended.
The seven-day to set up the panel expired on Tuesday.
But the Chief Judge in a letter to the Speaker of the State House of Assembly, Oladiji Olamide Aderanmi, with ref no. CROD/1123/V.3/ dated October 6, 2023, cited Section 287 (3) of the Constitution as the reason why he cannot act on the letter from the House.
He said he was barred from performing the function by an order of a Federal High Court.
Titled: “Re: Letter Of Request To Set Up Investigation Panel Pursuant To Section 188 [5] Of The 1999 Constitution (As Amended),” Chief Justice Odusola said that despite being mindful of Section 188, there’s a restriction order from a Federal High Court in Abuja.
“Your letter reference No: ODHA/98/253/406 of October 3, 2023 in respect of the above matter refers. I wish to inform you that on 28 September 2023, I was served with an Order of interim injunction granted by the Federal High Court, Abuja, Coram: Hon Justice Emeka Nwite in Suit No: FHC/AB/CS/1294/2023 dated September 26, 2023 in respect of this subject matter.
“Order 4 therein restrains the Chief Judge of Ondo State from “constituting any seven-man panel at the instance of the 4th Defendant Respondent in respect of the complaint of the plaintiff” among others, (Please find attached hereto a copy of the order).
“I am not unmindful of S. 188 (10) of the Constitution of the Federal Republic of Nigeria 1999 as amended which provides as follows: ‘No proceedings or determination of the Panel or of the House of Assembly or any matter relating to such proceeding or determination shall be entertained or questioned in any court’.
“Notwithstanding the above provision, a Court order is binding until set aside either by a Court of coordinate jurisdiction or by an appellate court.”
He further stated, “I am under legal obligation to obey the provision of Section 287 (3) of the Constitution of the Federal Republic of Nigeria 1999 as amended which provides as follows:
“The decisions of the Federal High Court, a High Court and of all other courts established by this constitution shall be enforced in any part of the federation by all authorities and persons, and by other Court of law with subordinate jurisdiction to that of the Federal High Court, a High Court and those other Courts, respectively.”
He said that based on the order of the Federal High Court, “I am constrained to inform you that I cannot accede to your request to constitute the 7-man Panel as requested above except the order is set aside by a Court.
“Please accept the assurances of my highest regards,” he added.
The Majority Leader of the Assembly, Oluwole Ogunmolasuyi, who confirmed receipt of the Chief Judge’s letter, said the lawmakers have resolved to follow due process to investigate allegations against Aiyedatiwa.
He said, “Section 188 is clear on how to impeach anybody. It is when the steps are violated that you can go to court.
“We will follow due process no matter the hindrance. The interim order is a small setback.”
Justice Nwite had on September 16, 2023 granted an ex-parte order barring Governor Rotimi Akeredolu from nominating a new deputy governor.
The House, in protest against the order by Justice Nwite, petitioned the National Judicial Council.
Justice Nwite had on Monday fixed October 16 to rule on the application filed by Aiyedatiwa to withdraw the case instituted against the state House of Assembly, and others.
Aiyedatiwa had in a motion on notice marked: FHC/ABJ/CS/1294/2023, sued the Inspector-General of Police; the Department of State Services; the governor of Ondo State; Speaker of the House of Assembly, Chief Judge of Ondo State, and the House of Assembly.
He had sought an order of interim injunction restraining Governor Rotimi Akeredolu, his servants, or privies from harassing, intimidating, embarrassing, and preventing him from carrying out the functions of his office as deputy governor of the state.
The court, however, granted his prayers and adjourned the matter till October 9.
At the proceedings on Monday, the counsel for the deputy governor, Ebun-Olu Adegboruwa, told the court that the National Chairman of the APC, Abdullahi Ganduje, set up a Reconciliation Committee on October 6, 2023, to mediate the dispute between some of the parties to the suit.
He added that going ahead with the court proceedings could affect the party’s efforts.
Adegboruwa also told the court that the Ondo Assembly wrote a petition to the National Judicial Council on October 3, 2023, against the presiding judge.
He urged the court to wait for the action of the NJC on the petition before going ahead with the matter.
Responding, counsel for the Ondo State governor, Kazeem Gbadamosi, and the Chief Judge, Mutalib Ojo, respectively, urged the court to go ahead with the case, adding that the issue of jurisdiction must first be determined by the court.
In his submission, the counsel for the assembly, Femi Emodamori, said the Ondo assembly had on October 6 written a letter and affidavit to the NJC, withdrawing the petition.
The Presiding judge, Justice Emeka Nwite, adjourned the case to October 16 for ruling on the submissions.
