Lucky Aiyedatiwa
Ondo State Deputy Governor, Lucky Aiyedatiwa, has requested a court order to halt the impeachment proceedings against him by the State House of Assembly
Aiyedatiwa, in suit No. AK/348/2023, filed at the High Court in Akure on Monday, is requesting the court to, among other things, stop the House of Assembly from impeaching him because it is not competent. In a letter dated September 25, 2023, from the Chambers of Ebun-Olu Adegboruwa (SAN) and Co. and delivered to the office of the Chief Judge of Ondo State, copies of the court processes were duly attached for the information of the Chief Judge.
Aiyedatiwa also sought orders of injunction to stop the House of Assembly from initiating, continuing, or proceeding with the process of his removal from office as the Deputy Governor of Ondo State.
He is also praying the court to stop the Chief Judge of Ondo State from accepting or acting upon any request from the House of Assembly of Ondo State to set up any panel to investigate any acts of gross misconduct against the Deputy Governor. According to him, the impeachment move is in breach of his constitutional and fundamental rights to fair hearing and that the sacking of his media aides and subjecting him to the Ministry of Information headed by a Commissioner amounts to a breach of his rights and privileges as a Deputy Governor.
The Ondo deputy governor is also seeking a declaration that his office, tenure, status, rights, and privileges are protected, guaranteed, and secured by the Constitution, and the declaration that in the determination of his civil rights and obligations as a Deputy Governor of Ondo State by the House of Assembly, he is entitled to a fair hearing and that given the utterances and conduct of the House of Assembly so far, there is likelihood of bias against him in the impeachment process.
Aiyedatiwa accused the House Assembly of constituting itself into accuser, investigator, prosecutor, and judge while berating them for conducting media trials against him without serving him with any notice of gross misconduct.
In the affidavit in support of the originating summons, it was stated that the House of Assembly embarked upon a media trial of the Deputy Governor purely to scandalize him and incite public opinion against him when indeed, no notice of acts of alleged gross misconduct was served on him.
Named as defendants in the suit filed by Ebun-Olu Adegboruwa, SAN, are the Ondo State Government, the Governor of Ondo State, Ondo State House of Assembly, the Speaker of Ondo State House of Assembly, the Clerk of Ondo State House of Assembly and Chief Judge of Ondo State. See the complete document below. In the Originating Summons, the Deputy Governor is seeking the following reliefs:
The following declarations have been made regarding the status of the Claimant as Deputy Governor of Ondo State, all of which are protected by the Constitution of the Federal Republic of Nigeria, 1999 (as Amended):
A. The office, tenure, and status of the Claimant cannot be tampered with, altered, shortened, withdrawn, or jeopardized by the Defendants except in a manner permitted by law.
B. The office, tenure, status, rights, and privileges of the Claimant are protected, secured, guaranteed, governed, and regulated by relevant provisions of the Constitution, such as sections 188, 189, 190, and 191, and they are to be enjoyed by the Claimant without hindrance from the Defendants except in a manner permitted by law.
C. The Claimant is entitled to the rights and privileges attached to their office, including but not limited to media details and other aides.
D. The Claimant is entitled to fair hearing from the Defendants in the determination of their civil rights and obligations as Deputy Governor of Ondo State.
E. The dismissal of all media aides and press crew attached to the Claimant’s office by the Defendants without prior notice is unconstitutional, illegal, and null and void.
F. The Defendants are not entitled to interfere with the constitutional rights and functions of the Claimant as Deputy Governor of Ondo State without due process of law.
G. The Claimant is entitled to remain in office and discharge their duties as Deputy Governor of Ondo State within the full time allocated to the office by the Constitution.
H. The Defendants are not entitled to remove the Claimant from office in violation of their constitutional and fundamental rights.
I. The 3rd-5th Defendants are not entitled to investigate, prosecute, and judge trumped-up allegations against the Claimant in relation to their office, tenure, and status as Deputy Governor of Ondo State.
J. The 6th Defendant, the Honourable Chief Judge of Ondo State, is not entitled to receive, act upon, or consider any request from the 3rd-5th Defendants for the purpose of removing the Claimant from office in violation of their constitutional and fundamental rights.
In addition, the following orders have been issued by the court:
K. The Defendants and their agents, privies, and representatives are restrained from interfering with, restricting, disempowering, or preventing the Claimant from discharging their constitutional duties and functions as Deputy Governor of Ondo State.
L. The full and total rights and privileges attached to the office of the Claimant as Deputy Governor of Ondo State must be immediately reinstated and restored, including the restoration of all media aides and press crew.
M. Any process or notice of any allegation of Gross Misconduct against the Claimant is set aside as a violation of Section 188 of the 1999 Constitution of the Federal Republic of Nigeria.
N. The court may make any further or other orders deemed fit in the circumstances.