Politics
Court Rules On Validity Of Ambode’s Suit Against Lawmakers, Feb 27
An Ikeja High Court will on February 27 rule on the validity of a suit filed by former Gov. Akinwunmi Ambode of Lagos State, seeking an injunction restraining some of the state lawmakers from probing him over purchase of 820 buses.
Justice Yetunde Adesanya fixed the date after hearing the submissions of counsel to Ambode, Mr Tayo Oyetibo and counsel to the lawmakers, Mr Olukayode Enitan (SAN).
“This case is adjourned to February 27, 2020, for ruling,” Adesanya said.
Earlier, Ambode’s counsel told the court that the lawmakers should act in line with the provisions of the 1999 Constitution.
Oyetibo said that the former governor was seeking six regulatory reliefs and two injunctive orders against the lawmakers.
“The claimant (Ambode) has not come here to say that the lawmakers do not have power of investigation; he is saying that the exercise of that power is subject to the provisions of the Constitution.
“He is saying that his right under Section 36 of the 1999 Constitution is violated.
His case is that the exercise of that power is subject to the provision of the Constitution particularly the right to fair hearing as contained in Section 36.
“Secondly, the court will determine whether the exercise of the power of the House of Assembly is subject to the provisions of the Constitution under Section 128.
“If the court answers the second question in the affirmative, it has the right to ask if those rights have been violated by the House of Assembly,” the counsel submitted.
According to Oyetibo, the first three of the six regulatory reliefs sought by Ambode deal with the scope of the powers of the House of Assembly as provided in Sections 128 and 129 of the 1999 Constitution.
He said that the fourth relief challenged the constitutionality of the Lagos State Appropriation Law, 2018.
“We are asking your lordship to determine the validity of a law or provision that will require the executive to come back to the House to seek disbursement of funds approved under the budget.
“The fifth relief is tied to the fourth relief: The lawmakers have been accusing the claimant of breach of budgetary approval. If there is no need for budgetary approval, they cannot accuse him of a breach,” he said.
He urged the court to dismiss the objection of the lawmakers with substantial costs.
Before Oyetibo’s submission, counsel to the lawmakers, Enitan, had via a preliminary objection dated November 14 2019, challenged the competence of the court to hear the suit based on three grounds.
“The first ground is that it is ultra vires (beyond legal power or authority) – that is, the power of the court to interfere with any investigation of the Lagos State House of Assembly or any arm of government based on the principle of separation of powers.
“The second ground is that the suit is preemptive and premature and not actionable, and the third ground is that it discloses no reasonable cause of action.
“I urge the court to decline jurisdiction as this suit is premature,” he said.
Enitan said that rather than accept an invitation to attend a probe sought by the House of Assembly, Ambode “rushed” to the court.
“The claimant has not been indicted; he has been invited to come and explain some things to us, but he ran to court.
“I urge the court to dismiss the suit,” he prayed.
Our corresponent reports that Ambode instituted the civil suit against the State House of Assembly, its Speaker Mudashiru Obasa and the House Clerk, Mr A.A Sanni.
Other respondents to the suit are Mr Fatai Mojeed, the Chairman of an Ad-hoc Committee set up by the House to probe the procurement of the buses, and eight members of the committee.
The former two-term governor went down memory lane to recall how they founded the APC but were used and dumped.
In his words, “…those calling on us to join APC, we have agreed to join the APC but on clear agreement that protects and respects the interest of my party, NNPP and my political movement, Kwankwasiyya. No state where you go that you don’t have NNPP and Kwankwasiyya. We have gubernatorial candidates, senatorial candidates and others.
“We are ready to join APC under strong conditions and promises. We will not allow anyone to use us and later dump us.
“We were among the founding fathers of the APC and endured significant persecution from various security agencies while challenging the previous administration.
“Yet when the party assumed power, we received no recognition or appreciation for our sacrifices, simply because we didn’t originate from their original faction.
“We are not in a hurry to leave the NNPP; we are enjoying and have peace of mind. But if some want a political alliance that would not disappoint us like in the past, we are open to an alliance. Even if it is the PDP that realised their mistakes, let’s enter an agreement that will be made public,” Sen. Kwankwaso stated.
Former President Olusegun Obasanjo has dismissed long-standing claims that he once sought to extend his tenure in office, insisting he never pursued a third term.
Speaking at the Democracy Dialogue organised by the Goodluck Jonathan Foundation in Accra, Ghana, Chief Obasanjo said there is no Nigerian, living or dead, who can truthfully claim he solicited support for a third term agenda.
“I’m not a fool. If I wanted a third term, I know how to go about it. And there is no Nigerian, dead or alive, that would say I called him and told him I wanted a third term,” the former president declared.
Chief Obasanjo argued that he had proven his ability to secure difficult national goals, citing Nigeria’s debt relief during his administration as a much greater challenge than any third term ambition.
“I keep telling them that if I could get debt relief, which was more difficult than getting a third term, then if I wanted a third term, I would have got it too,” he said.
He further cautioned against leaders who overstay in power, stressing that the belief in one’s indispensability is a “sin against God.”
On his part, former President Goodluck Jonathan said any leader who failed to perform would be voted out of office if proper elections were conducted.
Describing electoral manipulation as one of the biggest threats to democracy in Africa, he said unless stakeholders come together to rethink and reform democracy, it may collapse in Africa.
He added that leaders must commit to the kind of democracy that guarantees a great future for the children where their voices matter.
He said: “Democracy in Africa continent is going through a period of strain and risk collapse unless stakeholders came together to rethink and reform it. Electoral manipulation remains one of the biggest threats in Africa.
“We in Africa must begin to look at our democracy and rethink it in a way that works well for us and our people. One of the problems is our electoral system. People manipulate the process to remain in power by all means.
“If we had proper elections, a leader who fails to perform would be voted out. But in our case, people use the system to perpetuate themselves even when the people don’t want them.
“Our people want to enjoy their freedoms. They want their votes to count during elections. They want equitable representation and inclusivity. They want good education. Our people want security. They want access to good healthcare. They want jobs. They want dignity. When leaders fail to meet these basic needs, the people become disillusioned.”
The dialogue was also attended by the President of the ECOWAS Commission, Dr. Omar Touray, Bishop Matthew Hassan Kukah of the Sokoto diocese of Catholic Church among others who all stressed that democracy in Africa must go beyond elections to include accountability, service, and discipline.
The Rivers State House of Assembly yesterday resumed plenary session after a six-month state of emergency imposed on the state by President Bola Tinubu elapsed on Wednesday midnight.
President Bola Tinubu had lifted the emergency rule on September 17, with the Governor of the state, Siminalayi Fubara, his deputy, Ngozi Odu, and members of the state assembly asked to resume duties on September 18.
The plenary was presided over by the Speaker of the House, Martins Amaewhule, at the conference hall located within the legislative quarters in Port Harcourt, the state capital.
The conference hall has served as the lawmakers’ temporary chamber since their official chamber at the assembly complex on Moscow Road was torched and later pulled down by the state government.
The outgone sole administrator of the state, Ibok-Ete Ibas, could not complete the reconstruction of the assembly complex as promised.
Recall that on March 18, President Bola Tinubu declared a state of emergency in Rivers following the prolonged political standoff between Fubara and members of the House of Assembly loyal to the Minister of the Federal Capital Territory, Nyesom Wike.
He subsequently suspended the governor, his deputy, Ngozi Odu, and lawmakers for six months and installed a sole administrator, Vice Admiral Ibok-Ete Ibas (rtd.), to manage the state’s affairs.
The decision sparked widespread controversy, with critics accusing the president of breaching the Constitution.
However, others hailed the move as a necessary and pragmatic step.
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