Ondo Assembly brings Judge to NJC for ex-parte order, leading to impeachment

The ex-parte order prohibiting the Ondo State House of Assembly from impeaching Deputy Governor Lucky Aiyedatiwa, which was issued by a Federal High Court in Abuja on September 26, 2023, has been denounced.

The National Judicial Council (NJC) Chairman received a petition from the Speaker of the Assembly, Olamide Oladiji, accusing Justice Emeka Nwite, who issued the ruling, of abusing his position and disregarding the Federal Republic of Nigeria’s constitution.

On behalf of all members of the House of Assembly (hereafter referred to as “ODHA”), I am addressing you in my capacity as Speaker of the 10th Ondo State House of Assembly.

“I write your lordship to formally lodge a complaint against Hon. Justice Emeka Nwite of the Abuja Judicial Division of the Federal High Court for compromising his office, violating the current provisions of the Federal Republic of Nigeria, 1999 (as amended), disobeying judicial decisions of the appellate courts and current Practise Directions and/or relevant Circulars of the Federal High Court, and granting an unconstitutional, obviously malicious, and ostensibly legal order.”

“In accordance with Section 188(2)(a) and (b) of the Constitution, eleven (11) members of the Ondo State Assembly presented an impeachment notice on September 20, 2023, against His Excellency, Hon. Lucky Orimisan Aiyedatiwa, the Deputy Governor of Ondo State.

Your lordship will note that Annexure ODHA contains 14 claims, several of which are related to alleged financial misdeeds totaling hundreds of millions of naira.

“My Lord, I know for a fact that impeachment is a purely legislative matter based on the benefit of thorough legal advice which the House has obtained on the matter. I am also the ranking member of ODHA.

“No proceedings or determination of the House of Assembly or an Impeachment Panel or any matter relating to such proceedings or determination shall be entertained or questioned in any court,” the petition stated, quoting Section 188(10) of the Constitution.

The Assembly further stated that Justice Nwite should be looked into for “abuse of ex parte injunction and/or his office to gratify the Ondo State Deputy-Governor, and if found liable, the National Judicial Council should carry out the appropriate sanction against him as required by the dictates of judicial fidelity and the protection of the rule of law and our nascent democracy.”