Odusola said the directive could not be met due to an ex-parte order of an Abuja Federal High Court
By Kehinde Okeowo
The move by the Ondo State House of Assembly to impeach the state’s Deputy Governor, Lucky Aiyedatiwa seems to have suffered a setback.
The Assembly had in a letter to the Chief Judge of the state, Justice Olusegun Odusola demanded that he constitute a seven-man panel in line with section 188 of the 199 Constitution of the Federal Republic of Nigeria as amended to investigate allegations against Aiyedatiwa.
However, the chief Judge, in a reply forwarded to the Speaker of the Assembly, Olamide Oladiji, disclosed that the directive to set up the panel could not be met due to an ex-parte order of an Abuja Federal High Court.
Titled: “Re: Letter Of Request To Set Up Investigation Panel Pursuant To Section 188 [5] Of The 1999 Constitution (As Amended),” Justice Odusola said that despite being mindful of section 188, there’s a restriction order from a Federal High Court in Abuja.
“Your letter reference NO: ODHA/98/253/406 of October 3, 2023, in respect of the above matter refers. I wish to inform you that on 28 September 2023, I was served with an Order of interim injunction granted by the Federal High Court, Abuja, Coram: Hon Justice Emeka Nwite in Suit No: FHC/AB/CS/1294/2023 dated September 26, 2023, in respect of this subject matter.
“Order 4 therein restrains the Chief Judge of Ondo State from “constituting any seven-man panel at the instance of the 4th Defendant Respondent in respect of the complaint of the plaintiff” among others, (Please find attached hereto a copy of the order).
“I am not unmindful of S. 188(10) of the Constitution of the Federal Republic of Nigeria 1999 as amended which provides as follows: ‘No proceedings or determination of the Panel or of the House of Assembly or any matter relating to such proceeding or determination shall be entertained or questioned in any court’.
“Notwithstanding the above provision, a Court order is binding until set aside either by a Court of coordinate jurisdiction or by an appellate court.”
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Odusola’s position on the issue is coming following the expiration of the seven-day deadline to constitute the probe panel.
Confirming the development, the Majority Leader of the Assembly, Oluwole Ogunmolasuyi, affirmed that the letter was received by the Speaker.
According to him, Section 188(10) of the 1999 Constitution is clear about impeachment proceedings, hence their resolve to follow due process.
Ogunmolasuyi emphasised that the impeachment proceeding against Aiyedatiwa is still ongoing but added that the Assembly will not flout the law.
