An Ondo State High Court sitting in Akure has struck out a suit filed by the state’s deputy governor, Hon Lucky Aiyedatiwa, against his planned impeachment by the state’s House of Assembly.
It ruled that it was a gross abuse of the court process to engage in what it described as forum shopping, by instituting the same case in Akure and Abuja High court.
In its ruling, the court, presided over by Justice O. Akintan-Osadebay, declined jurisdiction to avoid conflicting verdicts between Ondo High Court and Abuja Federal High Court.
The Ondo Assembly had filed a motion, challenging the competence of the substantive suit by relying on section 188(10) of the Nigeria Constitution.
It said section 188 (10) ousted the jurisdiction of the court adding that the suit was premature since the Assembly was yet to conclude the impeachment proceedings especially when there was no request before the Chief Judge to constitute a panel of investigators.
The Assembly also contended that the suit constituted an abuse of court processes saying a similar suit was also filed in Abuja by the Deputy Governor.
Aiyedatiwa had approached the court in a suit delineated AK/348/2023 filed on September 25, 2023, to stop the House of Assembly from impeaching him.
He sought a declaration that “the House of Assembly is not competent to proceed on 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.
Besides, he sought a declaration that his office, tenure, status, rights, and privileges are protected, guaranteed, and secured by the Constitution, and the 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.
He said that in conducting media trials against him without serving him with any notice of gross misconduct, the House Assembly has constituted itself into the accuser, investigator, prosecutor, and judge.
The deputy governor 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.
Also, he 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 the Deputy Governor.
Aiyedatiwa named as defendants in the suit filed by the human rights lawyer, Ebun-Olu Adegboruwa, SAN, 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.
In the affidavit 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.
