By Julius Alabi, Akure
The Ondo State Chief Judge, Justice Olusegun Odusola has been urged to ignore the directive made by the State House of Assembly to set up a probe panel on the impeachment process of the Deputy Governor, Hon. Lucky Orimisan Aiyedatiwa.
Mr. Ebun Olu-Adegboruwa, Senior Advocate of Nigeria and lawyer to Aiyedatiwa in a letter addressed to the Chief Judge on Thursday, said it would be a contempt of court to proceed with the impeachment process when the parties are involved in two cases in the Federal High Court in Abuja and State High Court in Akure.
According to Adegboruwa, the House secretly accepted the Federal Court’s orders and even ran to the Appeal Court for a stay of execution, rather than wait, it is now compelling the Chief judge to disobey the court to set up a probe panel.
Olu-Adegboruwa having got wind of the Lawmakers secret moves urged the Chief Judge to respect the court order and halted the impeachment process.
According to him, Aiyedatiwa did not respond to the notice sent to his office by the House of Assembly because of the restraining order already issued on the matter by the Federal High Court.
He said: “Under and by virtue of section 287(3) of the Constitution, “all persons and authorities in Nigeria” are to obey and give effect to the orders of the Federal High Court. Our Client swore on oath to defend the Constitution and he cannot act against the said Constitution to disobey the valid and subsisting order of the Federal High Court of Nigeria which has halted the removal proceedings.
“Our Client has not been personally served with any valid Notice of acts of gross misconduct as required by law. Our Client is not in receipt of any valid Notice of acts of gross misconduct properly so issued and bearing the authority of the House of Assembly of Ondo State to which he can respond.
“Our Client has filed and served two separate applications upon the Ondo State House of Assembly, seeking orders of interlocutory injunction against the removal proceedings and also to stay further proceedings in respect of the invalid Notice, which was illegally issued and improperly served.”
Olu-Adegboruwa noted that since the House of Assembly has already joined matters in the court over the issue by filing an appeal against the restraining order, it will be against the law to continue with the impeachment process without awaiting the outcome of the case.
“The House of Assembly having submitted to the jurisdiction of the Court by filing processes in Suit No. AK/348/2023 pending before the High Court in Akure and also purporting to file a complaint before the National Judicial Council in Suit No. FHC/ABJ/CS/1249/2023 before the Federal High Court Abuja, is fully aware of and cognizant of the authority of the Court over the subject matter of the removal proceedings against our Client.
“Consequently, it is our considered view that the matter of the planned removal of the Deputy Governor of Ondo State is now subjudice. Parties should follow the due process of law, the House of Assembly itself being a creation of law, seeking to implement the provisions of law, rightly or wrongly. It cannot and should not be allowed to take the law into its own hands by openly disregarding a subsisting order of court and other court processes duly served upon it”, he added.
