The legal representative of Lucky Aiyedatiwa, the embattled Deputy Governor of Ondo State, Ebun-Olu Adegboruwa (SAN), on Thursday, wrote the Chief Judge of the state to ask that parties in the ongoing move to impeach the deputy governor, following due process and stay within the ambit of the law.
Adegboruwa, in his letter, delineated A&C/RC/L-05/10/2023 and titled, ‘RE: Why Ondo State House of Assembly cannot proceed with removal proceedings of the Deputy Governor of Ondo State’s which he copies the Ondo State Governor and the House of Assembly, stated that his letter was in regards the suit filed by Aiyedatiwa before the High Court, Akure in respect of the unlawful attempts of the Ondo State House of Assembly to conduct proceedings for his removal from office.
He drew the attention of the Chief Judge to what he said were undisputed facts in the matter, adding that “On September 25, 2023, our Client filed a Motion on Notice for various orders of interlocutory injunction against his planned removal from office by the Ondo State House of Assembly. The said application has been served on ALL the defendants in the suit, including the House of Assembly.
“Realising that our Client had filed a suit before the Akure High Court, the Ondo State House of Assembly claimed to have served a Notice of acts of gross misconduct on some persons different from our Client in the late afternoon of September 25, 2023, after Suit No. AK/348/2023 had been filed, against the said removal proceedings. The said Notice is required by law to be served on our Client personally, for it to be effective.
“On September 26, 2023, our Client filed a Motion on Notice before the Akure High Court, for an order to stay further proceedings on the said Notice by the Ondo State House of Assembly and indeed all the defendants in Suit No. AK/248/2023 supra. The said application has been served on all the defendants in the suit.
“On September 26, 2023, it became a matter of public knowledge that the Federal High Court, Abuja in Suit No. FHC/ABJ/1294/2023, per Emeka Nwite, J., granted an order, RESTRAINING ALL THE DEFENDANTS IN THE SAID SUIT, INCLUDING THE ONDO STATE HOUSE OF ASSEMBLY, FROM PROCEEDING WITH THE PLANNED REMOVAL PROCEEDINGS AGAINST OUR CLIENT.
“My Lord is a defendant in the said suit upon whom the order of the Court has been duly served. In particular, the Federal High Court granted an order, restraining My Lord from constituting any panel of investigation at the instance of the Ondo State House of Assembly,” he added.
According to Adegboruwa, the Speaker of the Ondo State House of Assembly who was also restrained by the Order of the Federal High Court, issued a statement openly castigating the court and vowing to disregard the said order by proceeding with the removal proceedings.
“The Speaker arrogantly described My Lord of the Federal High Court as “a certain judge”, threatening with reckless abandon, to deal with the judge,” Adegboruwa said.
Giving reasons why the Ondo Assembly cannot proceed with removal proceedings, Adegboruwa highlights the provisions of Section 188 (2) of the 1999 Constitution which makes it mandatory that the holder of the office shall be served with the notice before the House of Assembly is conferred with jurisdiction to sit on the removal proceedings.
“The House is in flagrant violation of this section when it convened its plenary proceedings on September 20, 2023, before the holder of the office was served, in breach of the constitutional and fundamental right to a fair hearing of our Client, the Deputy Governor.
“Service of the Notice is personal, which was not done in this case. The Notice being paraded by the House of Assembly was not served on the Deputy Governor personally. Under Section 188 of the Constitution, the Assembly is authorised to sit only two times in the course of removal proceedings; first under section 188 (3) when it convenes to move a motion to call upon the Chief Judge to constitute a panel of investigation and secondly under section 188 (9) when it convenes to deliberate upon the report of the panel set up by the Chief Judge.
“In this case, the Assembly has already convened its full plenary and conducted proceedings on the Notice at least twice, in respect of the planned removal of the Deputy Governor; first on 20th September 2023 and again on 3rd October 2023. That being the case, the House has no jurisdiction to convene any further proceedings in respect of the planned removal, having exhausted the two sittings allowed under section 188 of the Constitution,” he said.
Adegboruwa added that presently, there is no valid Notice of acts of gross misconduct in existence to ground any removal proceedings against the Deputy Governor, reiterating that “First, the Notice presently in circulation was not served on the Deputy Governor in line with section 188 (2) before the Assembly convened its plenary session on 20th September 2023, to deliberate on the said Notice. Second, the Notice was not personally served on the Deputy Governor. Thirdly, upon proper examination, the Notice presently in circulation is not a document of the House of Assembly of Ondo State, properly so-called.
“When My Lord probes the said Notice, it will be discovered that only the cover letter from the Speaker of the Assembly and the signature page bears the insignia and authority of the Ondo State State House of Assembly. The alleged Notice itself is not a document emanating from the House of Assembly of Ondo State, being a document foreign to the said Assembly,” he emphasised.
Speaking on why the deputy governor cannot respond to the notice, he said under and by virtue of section 287(3) of the Constitution, “all persons and authorities in Nigeria” are to obey and give effect to the orders of the Federal High Court. Our Client swore on oath to defend the Constitution and he cannot act against the said Constitution to disobey the valid and subsisting order of the Federal High Court of Nigeria which has halted the removal proceedings.
“Our Client has not been personally served with any valid Notice of acts of gross misconduct as required by law.
Our Client is not in receipt of any valid Notice of acts of gross misconduct properly so issued and bearing the authority of the House of Assembly of Ondo State to which he can respond.
“Our Client has filed and served two separate applications upon the Ondo State House of Assembly, seeking orders of interlocutory injunction against the removal proceedings and also to stay further proceedings in respect of the invalid Notice, which was illegally issued and improperly served.
“My Lord, it has now been settled beyond controversy, by the Supreme Court in the case of Inakoju v Adeleke, (2007) 4 NWLR (Pt.1025) 474, that the Court possesses the requisite jurisdiction to inquire into whether there is strict compliance with section 188 (1) – (9) of the Constitution before invoking the provisions of section 188(10). The House of Assembly, being an agency created by law, should join our Client to defend all its illegal actions and proceedings before the Court.
“We humbly urge my Lord to disregard any motion, letter, application or request from the Ondo State House of Assembly for the constitution of any panel of investigation in respect of the deputy governor of Ondo State until the two pending cases are fully decided by the various courts with jurisdiction over them.
“The Chief Judge can only invoke his constitutional powers under section 188 (5) if the provisions of section 188 (2), (3) and (4) are complied with. Putting it in a negative language, the Chief Judge will not invoke his constitutional powers under section 188 (5) if the provisions of section 188 (2), (3) and (4) are not complied with,” he stated.
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