Ondo Deputy Governor Files Suit to Stop Akeredolu, Lawmakers, Chief Judge from Impeaching Him
Embattled Deputy Governor Lucky Aiyedatiwa of Ondo State, has asked the courts to stop the state House of Assembly from proceeding with the impeachment process it commenced last Wednesday and not to serve him the impeachment notice.
Filing a Motion on Notice on behalf of the deputy governor at the Ondo State High Court sitting in Akure on Monday, the attorney to the deputy governor, Ebun-Olu Adegboruwa, SAN, said the deputy governor wants the court to stop the State House of Assembly from proceeding with the impeachment proceedings against him pending the hearing and determination of the suit that he filed in court.
In the suit, Aiyedatiwa sought “AN ORDER setting aside any purported process or notice of any allegation of Gross Misconduct against the Claimant on the ground that such process or notice is a violation of Section 188 of the 1999 Constitution of the Federal Republic of Nigeria.”
The Assembly at a plenary on Wednesday had accused the deputy governor of gross misconduct and abuse of office.
According to Suit No. AK/348/2023 filed at the High Court sitting in Akure, the deputy governor is seeking a declaration that the House of Assembly is not competent to proceed with his impeachment in breach of his constitutional and fundamental rights to fair hearing; and that the sacking of his media aides and subjecting him to the Ministry of Information headed by a Commissioner amounts to a breach of his rights and privileges as a Deputy Governor.
Aiyedatiwa is also seeking a declaration that his office, tenure, status, rights and privileges are protected, guaranteed and secured by the Constitution, and a declaration that in the determination of his civil rights and obligations as a Deputy Governor of Ondo State by the House of Assembly, he is entitled to a fair hearing and that given the utterances and conduct of the House of Assembly so far, there is likelihood of bias against him in the impeachment process.
Accusing the state house of assembly of conducting media trials against him without serving him with any notice of gross misconduct, the deputy governor said the Ondo State House Assembly had constituted itself into accuser, investigator, prosecutor and judge.
He, therefore, sought orders of injunction to stop the House of Assembly from initiating, continuing or proceeding with the process of his removal from office as the Deputy Governor of Ondo State.
Aiyedatiwa also sought an order to stop the Chief Judge of Ondo State from accepting or acting upon any request from the House of Assembly of Ondo State to set up any panel to investigate any acts of gross misconduct against him (the Deputy Governor).
The respondents in the suit are the Ondo State Government, the Governor of Ondo State, Ondo State House of Assembly, Speaker of Ondo State House of Assembly, Clerk of Ondo State House of Assembly and Chief Judge of Ondo State.
According to the affidavit sworn to in support of the originating summons, it was stated that the House of Assembly embarked upon a media trial of the Deputy Governor purely to scandalize him and incite public opinion against him when indeed no notice of acts of alleged gross misconduct was served on him.
He also accused the House of Assembly of persecuting him without lawful basis in conspiracy with certain persons who are gladiators in political circles.
Adegboruwa, however, disclosed that all attempts made to serve the court processes on the House of Assembly have so far been rebuffed, as policemen at the gate denied access to the court bailiff and counsel from the office of solicitors to the Claimant.
In the affidavit, the deputy governor narrated how he had demonstrated to Governor Akeredolu while he acted as governor when Akeredolu was dealing with his health challenges and how he led the state in prayers for the recovery of the governor was narrated.
The deputy governor also denied any act of wrongdoing, stating that he had been loyal to the governor all through their tenure.
