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).
Alhaji Abubakar, who is also the 2027 presidential candidate of the African Democratic Congress (ADC), stressed that Chief Obasanjo’s latest public outburst against him is yet another failed attempt to rewrite history.
Alhaji Abubakar specifically said that if the true history of Chief Obasanjo’s political journey is ever written—free from selective recollection and personal bitterness, he (Atiku) would feature prominently as one of those whom God used to change the course of his (Obasanjo) life and political career.
These were contained in a statement the Senior Special Assistant on Public Communication to the former Vice President, Mr Phrank Shaibu, released in which Atiku said he watched the former President’s interview with profound sadness, but not anger, because it reflected the disposition of a man who has allowed personal resentment to cloud historical truth.
Alhaji Abubakar said the genesis of Chief Obasanjo’s hostility towards him is well known to Nigerians, stressing that he is proud that he stood against the third-term agenda and stood by the constitution of the Federal Republic of Nigeria.
In the words of Alhaji Abubakar: “I have no apology whatsoever for frustrating every attempt to subvert our democracy for personal ambition. If Chief Obasanjo’s bitterness stems from my refusal to support an unconstitutional third term, then I wear that resentment as a badge of honour.
“No individual, regardless of his status or accomplishments, is bigger than the Federal Republic of Nigeria. The Constitution is supreme, and I chose Nigeria over personal loyalty”.
Alhaji Abubakar noted that the struggle against the third-term agenda was never about two individuals, but about preserving Nigeria’s constitutional democracy for future generations.
He said: “The Nigerian people won that battle. Democracy won that battle. History has already delivered its verdict. It Is therefore unfortunate that the same man whose unconstitutional ambition was resisted now seeks to sit in judgment over those who defended the Constitution”.
The ADC Presidential candidate said it was particularly instructive that barely twenty-four hours before Chief Obasanjo’s latest outburst, the Director-General of the World Trade Organization (WTO), Dr. Ngozi Okonjo-Iweala, publicly paid glowing tribute to the economic management team he led, describing it as “the best Nigeria has ever had”.
“Whether or not the timing is merely coincidental is for Nigerians to judge. What is beyond dispute, however, is that while distinguished Nigerians who served at the highest levels continue to acknowledge my contributions to one of Nigeria’s most successful periods of economic management, Chief Obasanjo appears determined to diminish them.
“Chief Obasanjo may choose not to appreciate my role in building one of Nigeria’s most prosperous economic eras, but history has been far kinder. The record speaks for itself, and so do the testimonies of those who worked closely with that administration,” he said.
Alhaji Abubakar further stated that Nigerians also deserve to remember the other side of history which Chief Obasanjo conveniently omits, saying: “History records that while Chief Obasanjo was in prison, I stood firmly by him. I supported his family, worked tirelessly with other patriots for his release and never wavered in my belief that he deserved his freedom”.
He further said: “When he eventually regained his freedom, he had little to his name. I received him, clothed him, ensured he was properly cared for and extended every support necessary to help him regain his footing.
“Beyond that, I mobilised political structures, built alliances and made enormous personal and political sacrifices that culminated in his emergence as President of the Federal Republic of Nigeria”.
Alhaji Abubakar, however, said he harbours no regrets over any of those acts.
According to him: “Do I regret helping Chief Obasanjo? Absolutely not. When God gives you the opportunity to lift another human being, you do so without expecting repayment. Acts of kindness are matters of conscience, not commercial transactions”.
He added, however, that gratitude should never be replaced with revisionism.
Alhaji Abubakar particularly expressed disappointment that, at a time when Nigeria is battling economic hardship, mass unemployment, insecurity and widespread despair, a former President would devote so much energy to recycling old grudges instead of contributing solutions to the country’s challenges.
In the words of Atiku: “The 2027 election should be about rebuilding Nigeria, restoring security, reviving the economy and giving hope to the next generation—not reopening old political wounds”.
The former Vice President said he had deliberately maintained restraint over the years out of respect for the office Chief Obasanjo once occupied and in deference to the relationship they once shared.
He said: “That restraint should never be mistaken for weakness or docility. There comes a point when silence in the face of repeated distortions of history ceases to be a virtue. While I have no desire to engage in a public quarrel with a man I once stood beside in his most difficult moments, neither will I permit falsehoods, half-truths and calculated attempts to rewrite history to go unanswered.
“Chief Obasanjo is entitled to his opinions. He is entitled to his personal grievances. What he is not entitled to, are his own facts,” Alhaji Abubakar insisted.
The ADC presidential candidate reaffirmed that his attention remains firmly fixed on Nigeria’s future.
According to him; “I have chosen the path of service over resentment, vision over vendetta and national renewal over personal recrimination. Those who mistake my civility for capitulation, or my restraint for weakness, make a grave mistake.
“History is stubborn. It cannot be rewritten by bitterness, nor erased by repeated falsehoods. In the end, history will render its verdict—and so will the Nigerian people,” he stated.
According to the electoral umpire, campaigns for the presidential and National Assembly elections will commence on August 19, 2026, and end on January 15, 2027, exactly 24 hours before the elections scheduled for January 16, 2027.
INEC also announced that campaigns for governorship and State Houses of Assembly elections will begin on September 9, 2026, and conclude on February 5, 2027, ahead of the polls slated for February 6, 2027.
The commission explained that the campaign schedule complies with the Electoral Act 2026, which stipulates that electioneering activities must not begin earlier than 150 days before an election and must end at least 24 hours before voting.
INEC urged political parties, candidates and other stakeholders to strictly adhere to the approved timetable and conduct their campaigns in accordance with the law, while encouraging the public to obtain electoral information only from its official communication channels to avoid misinformation.
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