The Ondo State House of Assembly plans to proceed with the impeachment of the deputy governor, despite a court order obtained by Mr. Aiyedatiwa from the Federal High Court in Abuja.
The lawmakers have instructed their lawyers to review the order, which had restrained the House from continuing with the proceedings until the deputy governor determined the case presented. The House stated that its decision is based on Section 188(2)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
On Tuesday, Olamide Oladiji, who is a Speaker, released a statement to journalists in Akure. He explained that Mr. Aiyedatiwa was served with a notice of allegation of gross misconduct on Monday, within seven days of being served on him.
The notice was submitted to Mr. Oladiji and was signed by 11 members of the House, representing more than a third of the members required under Section 188(2) of the constitution.
Oladiji stated that the notice of impeachment contains fourteen (14) specific allegations of serious misconduct, with detailed details to which the Deputy Governor is expected to react no later than seven (7) days from the day he received the notice.
He also said that the lawmakers were shocked when they learned that the deputy governor had gone to court to obtain an injunction from “a certain judge of the Federal High Court sitting in Abuja to stop the process.” The House has not yet published the indictments due to the need to provide the lieutenant governor the courtesy of receiving notice first.
“The House is shocked that, instead of waiting to be notified of the allegation of serious misconduct and reacting to it as required by the constitution, the lieutenant governor has been running from pillar to post and filing multiple lawsuits in both the Abuja court. Division of the Federal High Court and the Ondo State High Court in a bid to stop the legislative process,” the spokesperson said.
“For the avoidance of doubt, the House is fully aware of Section 188(10) of the Constitution which clearly states that ‘No proceedings or determination of the panel or the House of Assembly or any matter relating to such proceedings or determination shall be entertained or interrogated in any court.’
“In the case of Abaribe V. Abia State House of Assembly (2022) 14 NWLR (Pt. 788) 466, the Court of Appeal emphatically stated that it was wrong for the Appellant to rush to the Court to stop his impeachment proceedings for alleged violation of the impartial hearing process when the panel in charge of investigating and hearing him had not even been established. The Court of Appeal then reiterated that under Article 188(10) of the Constitution, no court has jurisdiction at that stage to interfere with the legislative impeachment procedure.
“The Supreme Court has repeatedly reiterated that it can only intervene when impeachment procedures have been violated. In this case, however, the lieutenant governor rushed to court even before he was notified of the impeachment. For the record, no procedures have been violated in any way.
“In light of this, the House has directed its legal team to investigate the alleged court order obtained by the lieutenant governor and report to any judicial officials who may have abused their position by granting the unconstitutional ex parte order to the appropriate institution to the necessary disciplinary measures. action.
“In conclusion, the House wishes to assure the general public that it will proceed with the legislative process to a logical conclusion, but in doing so, it will strictly follow constitutional procedures.
“The House will not abdicate or compromise its sacred constitutional duty to hold elected public officials accountable, particularly when there are serious prima facie allegations of corruption and abuse of power directed against the lieutenant governor in this case.”
The House had earlier directed the state’s chief judge to constitute an inquiry panel to probe the allegations against the lieutenant governor.
However, the federal high court’s order prevented the House from moving forward with impeachment proceedings against the lieutenant governor pending the determination of a substantive claim before it.
He also prevented Governor Rotimi Akeredolu from nominating a replacement and sending it to the assembly for ratification.
Those who joined the suit were the Inspector General of Police, the State Security Services, the Governor of Ondo State, the Speaker of the House of Assembly and the Chief Judge of Ondo State.
The judge also issued an order prohibiting the defendants from harassing, intimidating or preventing the lieutenant governor from performing his official duties.
The case was adjourned until October 9 for consideration.