The Ondo State House of Assembly has resumed its bid to impeach Deputy Governor Lucky Aiyedatiwa over allegations of gross misconduct.
POLITICS NIGERIA reports that the Assembly had suspended the impeachment process last week following a meeting with Abdullahi Ganduje, the All Progressives Congress (APC) national chairman.
However, in a letter to the state’s chief judge, Olusegun Odunsola, the Assembly asked him to set up a seven-man panel to investigate the allegations against Mr Aiyedatiwa.
Mr Aiyedatiwa is accused of 14 offences, including speaking against the governor’s health, causing division among the state executive members, and misappropriation of funds.
The full copy of the letter directing the chief judge to probe Mr Aiyedatiwa reads:
REQUEST TO CONSTITUTE 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 THE LAW.
The Ondo State House of Assembly had on 3rd October, 2023, requested your lordship 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 Ayedatiwa, in line with section 188 (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
2. In a reply letter dated October 6, 2023, your lordship acknowledged and quoted section 188 (10) of the Constitution, which states that “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.” Your lordship, however, opined that until the ex parte Order made on September 26, 2023, by the Abuja Judicial Division of the Federal High Court restraining you from setting up the panel was either vacated or set aside, your hands would continue to be tied.
3. However, from the facts and legal advice at the disposal of the House, the said order has now elapsed and/or become extinguished by the operation of the law, in view of the clear provisions of Order 26 Rule 10
(2) & (3) of the Federal High Court (Civil Procedure) Rules, 2019, which states as follows:
“(2) An application to vary or discharge an order ex parte may be made by the party or any person affected within 14 days after service and shall not last more than fourteen days after the application has been argued unless the court otherwise directs.
“(3) Where a motion to vary or discharge an ex parte order is not taken within 14 days of its being filed, the ex parte order shall lapse unless the court otherwise directs in the interest of justice.”
Your lordship would recall that the ex parte order was made on September 26, 2023 (a copy of which is attached hereto as Annexure ODHA1), after which the case was adjourned to October 9, 2023. The 3rd Defendant in the case filed a motion on October 4, 2023, to discharge the order and/or strike out the case for want of jurisdiction.
A copy of the motion is attached hereto as Annexure ODSH 2.
Fourteen days from October 4, 2023, when the motion was filed, terminated on or about October 18, 2023.
The court has not taken the application or renewed the order, as evident in the Certified True Copy of the court’s record of proceedings for October 9, 2023, and October 16, 2023, copies of which are attached hereto as Annexures ODHA 3 and ODHA 3A respectively. In fact, in Exhibit ODHA3, it was recorded that the motion was served on the plaintiff in court on October 9, 2023, after which the matter was adjourned to October 16, 2023.
5. In view of the above facts, your lordship would agree that the said
Order has elapsed by the operation of the law and no longer constitutes an encumbrance for your lordship to discharge the sacred constitutional obligation placed on your office by virtue of section 188
(5) of the Constitution to set up the Seven-man Panel.
6. Consequently, the 10th Ondo State House of Assembly hereby calls on your lordship to kindly constitute the panel without any further delay.
7. Please have the assurance of the collective esteem of the House.
Yours faithfully,
Rt. Hon. Oladiji Olamide Adesanmi (Speaker, Ondo State House of Assembly)
Cc: The Hon. Attorney-General & Commissioner for Justice Ondo State Ministry of Justice.
Mr Aiyedatiwa is said to be among the contenders hoping to succeed Governor Rotimi Akeredolu in 2024.
