…….As Court Strikes Out Suit Over Lack of Jurisdiction
Soji Ajibola, Ibadan
Embattled Oyo state governor, Engineer Rauf Olaniyan’s bid to stop his impeachment process has suffered a setback, as an Oyo State High Court sitting in Ibadan on Thursday struck out the suit filed to halt the process.
Olaniyan had filed a suit before the Court, challenging the decision of the House of Assembly to remove him from office through the legislative process.
The Assembly has levelled allegations ranging from abuse of office, abandonment of office, insubordination, financial impropriety amongst others against the Deputy governor, and, thereby directed the Chief Judge of the State, Munta Abimbola, to set up an investigative panel on him.
However, the Deputy governor in a suit filed before the Court sought an injunction restraining the defendants, the Speaker of the House, Clerk, and members of the House of Assembly from going ahead with the process.
But the presiding judge, Justice Ladiran Akintola while adjudicating over the suit stated that the process of removal of one from an office and originating summon filed by the claimant, Olaniyan were purely legislative and not judicial according to the 1999 constitution.
He argued that the role of the Speaker was administrative in the Constitution while the allegations were clear enough for the claimant to understand.
Akintola said he validated the process initiated by the House of Assembly, having carefully considered the originating summons, counter affidavits by the defendants, written addresses and others.
“There is nowhere that the speaker is involved as an initiative but as an administrator, the issues raised by the claimant against the defendant are resolved against the claimant.
“No proceedings of the House can be entertained in any court, therefore the claimant’s case is accordingly dismissed,” he said.
Fashanu had filed an application for the court to restrain the House from taking steps toward the deputy governor’s impeachment.
He prayed that the court should grant the originating summons, saying that the misconduct allegation against Olaniyan was vague and without particulars according to Section 188 of the 1999 constitution.
He remarked that an impeachment is a process and all the items listed in the Constitution should be strictly followed.
Reacting to the judgment on Thursday, Fashanu said his client had appealed the judgment because he was dissatisfied with it and as a result lodged an appeal.
He appealed that the respondents should be restrained from taking any further steps pursuant to the purported notice of the allegations served on the claimant.
“We appeal for an order of injuction restraining the respondents from enforcing or implementing the judgment today.
“This is pending the determination of the appeal lodged against the said judgment.
“It’s expedient that an order of injunction be granted so that the outcome of the appeal will not be rendered nugatory,” he said.
