Politics
Ondo Assembly Petitions NJC Over Court Order Halting Dep Gov’s Impeachment
Members of the Ondo State House of Assembly have petitioned the National Judicial Council (NJC) over a Federal High Court order restraining them from performing their functions as an arm of government.
They described an ex-parte granted by the court on the 26th of September, 2023, restraining the Assembly from impeaching the Ondo State Deputy Governor, Hon. Lucky Aiyedatiwa, as “unconstitutional and clearly malevolent”.
In a petition addressed to the National Judicial Council (NJC) and signed by the Speaker of the House, Rt. Hon. Olamide Oladiji, it accused Justice Emeka Nwite, who granted the order for allegedly compromising his office and violating the constitution of the Federal Republic of Nigeria.
The lawmakers alleged that Justice Nwite was “heavily and/or compromised his office to grant an unconstitutional ex parte in favour” of the embattled Deputy Governor.
The petition read, “As the Speaker of the 10th Ondo State House of Assembly, and on behalf of the entire members of the House of Assembly (hereinafter referred to as “ODHA”), I write your lordship to formally lodge a complaint against Hon.
“Justice Emeka Nwite of the Abuja Judicial Division of the Federal High Court, for compromising his office and violating the extant provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), ignoring judicial decisions of the appellate courts and extant Practice Directions and/or relevant Circulars of the Federal High Court, to grant an unconstitutional, clearly malevolent, and ostensibly procured ex parte order on 26th September, 2023 in Suit FHC/ABJ/CS/1294/2023 restraining ODHA as an arm of government from exercising its constitutional powers.”
The assembly recall that on “September 2023, Eleven (11) members of the Ondo State Assembly presented a notice of allegation(s) of gross misconduct (impeachment notice) against the Deputy-Governor of Ondo State, His Excellency, Hon. Lucky Orimisan Aiyedatiwa to me as the Speaker, in line with Section 188(2) (a) & (b) of the Constitution. I hereby attach a copy of the notice as Annexure ODHA.
“As your lordship would observe, annexure ODHA contains 14 allegations, many of which relate to alleged financial improprieties running into hundreds of millions of naira.”
“My Lord, as a ranking member of ODHA and based on the benefit of a detailed legal advice which the House has sought on the subject matter, I know as a fact that impeachment is a purely legislative affair.”
“Section 188 (10) of the Constitution clearly provides that: “No proceedings or determination of the House of Assembly or an Impeachment Panel or any matter relating to such proceedings or determination shall be entertained or questioned in any court.”
“However, in spite of the above provisions of the Constitution, the Deputy-Governor approached Justice Emeka Nwite with an ex parte application on 21st September, 2023, just a day after I received Annexure ODHA1 (the notice of allegations of gross misconduct) against him at the plenary of the House, to procure an order to stop the legislative process of his impeachment.”
“My lord, as a Judge of the Federal High Court, Hon. Justice Emeka Nwite knows or ought to know that there are extant Circulars and Practice Directions prohibiting Federal High Court Judges from granting ex parte injunctions in political cases and/or taking cases that did not originate from their immediate Judicial Divisions.”
The House, however, resolved that Hon. “Justice Emeka Nwite should be investigated for “abuse of ex parte injunction and/or his office to gratify the Ondo State Deputy-Governor, and if found liable, the National Judicial Council should mete out the appropriate sanction against him as required by the dictates of judicial fidelity and the protection of the rule of law and our nascent democracy.”
Meanwhile, the Assembly yesterday said the deputy governor, Mr Lucky Aiyedatiwa, had failed to respond to the Letter of Notice served on him on September 25 over allegations of gross misconduct.
Speaker Oladiji said the Letter of Notice was received on behalf of Aiyedatiwa by his Chief Protocol Officer.
Speaking at the plenary session in Akure, yesterday, Oladiji said the House resolution that the deputy governor should be duly served a Notice of the allegations, was in line with Section 188 of the Nigerian Constitution.
“Concerted efforts were made to serve the Notice on the deputy governor, who for some time was not available for the service, prompting the House to approach the court for a substituted service on the deputy governor.
“On 25th of September, a substituted service of the Notice of allegations was made on the deputy governor duly signed by more than one-third Honourable Members of the House as required by the Constitution in Section 188 Sub-section 2,” he stated.
According to him, the Constitution stipulates that the assembly should wait for seven days for the embattled deputy governor to respond which has lapsed.
The speaker directed the Chief Judge of Ondo State, Justice Olusegun Odusola, to immediately set up a seven-man panel to investigate the deputy governor on the allegations levelled against him.
“Distinguished colleagues, Section 188 of the Constitution states further that the deputy governor has 7 days within which to reply to the allegations levelled against him.
“The Constitution states further that within seven days of the passing of a motion under the foregoing provisions of this section, the Chief Judge of the state shall at the request of the Speaker of the House of Assembly appoint a panel of seven persons.
“Distinguished colleagues, I, therefore, wish to seek your opinion to direct the Chief Judge of Ondo State, Hon. Justice Olusegun Odusola, to in line with this section of the Constitution, set up a seven-man panel to investigate the deputy governor on the allegations levelled against him,” he said.
The House, with available 23 out of 26 members at the plenary session through voice vote, gave a nod for the Chief Judge to constitute the panel.
Earlier, the Majority Leader, Mr Oluwole Ogunmolasuyi, (Owo 1-APC), moved the motion for the Notice on the Ondo State Impeachment Panel Procedure Rules that the panel be constituted by the Chief Judge of the State.
The motion was seconded by Mr Felix Afe (Akoko North West 2-PDP).
The Tide source reports that the committee, reportedly backed by the Minister of the Federal Capital Territory (FCT), Chief Nyesom Wike, is making moves to reclaim the Wadata Plaza headquarters months after it was sealed following a violent clash between rival factions of the party.
Senior officers at the FCT Police Command told our source that while they had not received an official briefing, police personnel would be stationed at the secretariat and other key locations to maintain peace.
The Acting National Secretary of the Mohammed-led committee, Sen. Samuel Anyanwu, announced last week that the secretariat would reopen for official activities on Monday (today).
He dismissed claims that ongoing litigation would prevent the reopening, saying, “There are no legal barriers preventing the caretaker committee from resuming work at the party’s headquarters.”
However, the Tanimu Turaki-led National Working Committee (NWC) has fiercely rejected the reopening move, insisting that Sen. Anyanwu and his group remain expelled from the PDP and have no authority to act on its behalf.
Speaking with The Tide source, the committee’s National Publicity Secretary, Ini Ememobong, declared: “They are living in fool’s paradise. The worst form of deceit is self-deceit, where the person knows he is deceiving himself yet continues with gusto.
“Even INEC, which they claim has recognised them, has denied them. They are indulging in a roller coaster of self-deceit.”
Mr Ememobong further revealed that letters had been sent to both the Inspector-General of Police and the FCT Commissioner of Police, stressing that the matter was still in court and warning against any attempt to “resort to self-help.”
“The case pending before Justice Joyce Abdulmalik was instituted by the expelled members. They cannot resort to self-help until judgment is delivered,” he said.
He warned that reopening the secretariat would amount to contempt of court.
A senior officer at the FCT Police Command, who spoke on condition of anonymity, confirmed that officers would be deployed to the area to avert a repeat of the November 19 violence that led to the secretariat’s initial closure.
“The command would not stand by and allow a breakdown of peace and order by the party or anyone else. Definitely, the police will have to be on the ground,” he said.
Another officer added, “There will definitely be men present at the secretariat, but I can’t say the number of police officers that would be deployed.”
When contacted, the FCT Police Public Relations Officer, Josephine Adeh, said she had not been briefed on the planned reopening and declined to comment on whether officers would be deployed.
Asked to confirm whether the secretariat was initially sealed by police, she responded, “Yes,” but refused to say more about the current deployment plans.
The Kano State House of Assembly has debunked the purported impeachment plan against the Deputy Governor, Aminu Gwarzo.
The Tide source recalls that the Kano State Commissioner for Information and Internal Affairs, Ibrahim Waiya, recently sparked controversy during an interview session with a local radio station.
Mr Waiya called on the deputy governor to resign for failing to follow his principal, Gov. Abba Yusuf, in defecting from the New Nigeria Peoples Party (NNPP) to the All Progressives Congress (APC).
However, the spokesperson to the Speaker of the state House of Assembly, Kamaluddeen Shawai, while addressing journalists in Kano on Saturday, described reports circulating in some media outlets about Mr Gwarzo’s impeachment as baseless and misleading, emphasising that no such plan is underway.
Mr Shawai further stated that the House remains focused on its legislative duties and oversight functions rather than engaging in speculative political manoeuvres.
The spokesperson urged members of the public and the media to verify information before sharing it, stressing the importance of accurate reporting in maintaining political stability in the state.
He said, “There is absolutely no motion or initiative within the House to remove the deputy governor.
“These reports are false and should be disregarded by the public. The deputy governor continues to serve in his capacity with full support from the House.
“Our priority is good governance and serving the people of Kano, not circulating rumours.”
She made the declaration during an interview with Nigerian football legend, Mr Segun Odegbami, during a live radio interview on Saturday.
Prof. Obasanjo, who is also former commissioner in the state, ruled out a return to the Senate, stating that her focus was firmly on the governorship race.
“So, moving ahead, I’m not going to be Commissioner. Like I said, I’m not even going back to the same party because I think that’s old and I don’t see the use of it. And I’m not going to go back to the Senate,” she said.
“Like the Americans would say, there’s no need. And this is what I told my associates, when this all started. I said, the only thing I’ll come back to do is the governorship.
“And we have started that journey. We are going to see it through. And so that’s the journey I’m on. And we are very serious about it. I mean we are very dedicated to it.”
The politician also confirmed that she recently joined the APC, explaining that her return to active politics followed persistent calls from supporters.
“Like I told you, a group of people who I did not bring together, have been working, I think, for two years now. And then they started talking to me about a year ago, saying, ‘Look, we think you are the best candidate. We want you back,’” she added.
Her declaration sets the stage for what may become a keenly contested governorship race in Ogun State ahead of the 2027 elections.
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