In a new letter, the Ondo State House of Assembly requests that Justice Olusegun Odusola, the state’s chief judge, appoint a panel to look into the claims of serious misconduct made against Mr Lucky Aiyedatiwa, the state’s deputy governor.
The House claimed that the impeachment procedure was resumed after the ex parte decision of the Federal High Court expired in a letter signed by the Speaker, Mr. Olamide Oladiji, and provided to our correspondent on Monday.
The letter was addressed to the Federal High Court with the subject line “Request to Constiute a Seven-Man Panel to Investigate the Allegations of Gross Misconduct Against the Deputy Governor of Ondo State, Following the Expiration of the Interim Injunction of the Federal High Court in suit FHC/ABJ/CS/1294/2023 by Operation of Law.”
In part, the letter stated, “The Ondo State House of Assembly had requested Your Lordship on October 3, 2023, to constitute a seven-man panel to investigate the allegations of gross misconduct levelled by the House against the Deputy Governor of Ondo State, His Excellency, Hon. Lucky Orimisan Aiyedatiwa, in accordance with Section 188(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“In a response letter dated October 6, 2023, Your Lordship acknowledged the Constitution’s Section 188 (10) that states, “No proceedings or determination of the House of Assembly or the panel or any matter relating to such proceedings or determination shall be entertained or questioned in any court.
But according to Your Lordship, until the ex parte ruling from the Abuja Judicial Division of the Federal High Court prohibiting you from creating the panel is either vacated or overturned, your hands would remain tied.
“However, in light of the unambiguous provisions of Order 26 Rule 10 (2) & (3) of the Federal High Court (Civil Procedure) Rules, 2019, and the facts and legal advice at the House’s disposal, the said order has now expired and/or become extinguished by the operation of law.
“Your Lordship would agree that the aforementioned order has expired through the operation of the law and no longer poses a barrier to Your Lordship’s performance of the sacred constitutional duty imposed on your office by Section 188(5) of the Constitution to establish the seven-man panel.
READ ALSO: Process to remove Aiyedatiwa from office in the Ondo Assembly has not been suspended
Therefore, the 10th Ondo State House of Assembly hereby requests that Your Lordship please form the panel without further delay.
This occurrence occurred roughly a week after the House stated that the impeachment procedure had been suspended as a result of the national leadership of the All Progressives Congress’ involvement in Abuja.
The APC is working harder to settle the conflict between Akeredolu and Aiyedatiwa.
At the meeting in Abuja with Abdullahi Ganduje, the national chairman of the APC, and other party leaders, the Speaker had already declared that the House had suspended the impeachment procedure.
Following that, the House demanded that Aiyedatiwa drop all legal actions she had brought against the members and the governor, Rotimi Akeredolu.
The latest development on Monday suggested that the conflict had not been resolved despite the efforts of the APC’s reconciliation committee, which is led by Bello Masari, a former governor of Katsina State.
In the meanwhile, the House and Aiyedatiwa were encouraged to go and explore an amicable resolution of their differences, according to a statement released on Monday by Aiyedatiwa’s attorney, Mr. Ebun-Olu Adegboruwa (SAN).
Adegboruwa claims Justice D.I. Kolawole made the statement during a hearing for one of the cases filed over the topic before him in Akure.
It was learned that the Ondo State Government and Governor Rotimi Akeredolu sued four court registers, including the Ondo State House of Assembly, the Speaker of the House and the Clerk, the deputy governor, and the Chief Judge, in order to stop the compilation of records of appeal in support of the appeal filed by the deputy governor against the decision rendered by Justice Akintan-Osadebay on October 10, 2023.
The statement said, “The plaintiffs in this suit filed on October 12, 2023 in Suit No. AK/362/2023 are contending that the Registry of Ondo State High Court did not follow due process of law and the rules of the Court of Appeal before fixing a date for the compilation of records of appeal in alleged violation of their rights.
“They consequently requested that the court cease the abovementioned process of compiling the records of appeal.
“After receiving notice of the new lawsuit, the deputy governor filed a counterclaim, asking the court to halt the House of Assembly’s impeachment proceedings, to throw out the House of Assembly’s allegations of gross misconduct against him, and to halt the Chief Judge and all other judges and courts in Ondo State from extending the period of time the Chief Judge has to establish a panel of investigation beyond the seven days permitted by the constitut
