The Ondo State House of Assembly has told the deputy governor of the state, Mr Lucky Aiyedatiwa not to celebrate yet for his impeachment was still underway.
The assembly disclosed this in a statement by its counsel, Mr Femi Emodamori.
According to the release issued at the weekend, Emodamori said the impeachment of the deputy governor would be taken to a logical conclusion “in order to determine the veracity or otherwise of the monumental allegations of gross misconduct against the deputy governor.”
The counsel stated this after the spokesman for the assembly, Mr Olatunji Oshati, had said on Friday that the lawmakers halted the impeachment process after the state Chief Judge, Justice Olusegun Odusola, had communicated to it on his inability to constitute a panel to investigate the allegation against the deputy governor, following a court order.
“We have considered the letter (of the CJ) which is everywhere in the public domain and we are halting the impeachment process until the order of the Federal High Court is vacated.
“It is not about being arrogant with power; it is about holding public officers accountable. It also shows that the process of impeachment transcends the monopoly of the legislature as we can see that the judiciary has stalled it,” Oshati declared.
However, Emodamori said the legislature reaffirmed that it had not ‘suspended’ the impeachment process as inaccurately reported.
The statement reads: “Our client, the Ondo State House of Assembly has brought some distorted news story stating that it had ‘suspended’ the impeachment of the state deputy governor, to our attention.
“The House reaffirmed that it has not ‘suspended’ the impeachment process as inaccurately reported, and will carry the same through to a logical conclusion in order to determine the veracity or otherwise of the monumental allegations of gross misconduct against the deputy governor.
“Our client meticulously complied with the said Section 188(3) of the Constitution. In fact, 23 out of its 26 members (more than the minimum two-thirds majority required) passed that motion on October 3, 2023.”
The assembly noted: “Section 188(5) of the Constitution further states that after the motion is passed by the two-third majority, the Speaker should formally request the State Chief Judge to set up the seven-man panel. The Speaker diligently complied with this on the same October 3 when the motion was passed.
“It was at this stage that His Lordship, the Honourable Chief Judge of Ondo State, replied the House, stating that he received an ex parte order which the Deputy-Governor secured from the Abuja Judicial Division of the Federal High Court on September 26, 2023, ‘restraining’ his lordship from setting up the panel, pending when the court would hear all the parties in the case to determine the merit of the application or the case filed by the deputy-governor.
“For the avoidance of doubt, Section 188(10) of the Constitution clearly states that. The proceedings or determination of the House or Panel or any matter relating to such proceedings or determination shall not be questioned or entertained in any court”, and there are too many judgments of the highest courts in Nigeria affirming that no court has the jurisdiction to dabble into an impeachment process, as long as the House of Assembly complies with all the constitutional process.
“The Honourable Chief Judge himself stated in his widely reported reply to my client, that his lordship was not unmindful of the above provisions of Section 188(10) of the Constitution and even quoted it verbatim.
“His lordship however stated that as a Chief Judge, he would prefer that the ex parte order, which his lordship believes “tied his hand”, should first be vacated or set aside. The Chief Judge obviously prefers to err on the side of caution.”
“The House noted that in spite of their reservations about the position of the Chief Judge in the face of the clear provisions of Section 188(10) of the Constitution and the judgments of the appellate courts stating that no court has the power to question or entertain any matter relating to the impeachment, they would, for now, show sufficient understanding of the delicate position the chief justice
“By promptly taking the necessary legal steps to vacate or quash the order and/or the entire suit at the Federal High Court, in order to untie the hands of his lordship and proceed with the impeachment to a logical conclusion.”
