Ondo State House of Assembly on Tuesday went ahead with its plan to probe the allegations leveled against the Deputy Governor, Hon Lucky Aiyedatiwa, as it directed afresh the state’s Chief Judge, Justice Olusegun Odusola, to immediately set up a seven-man panel to investigate the allegations.
It said the court cannot stop the impeachment exercise, as it is protected by the Nigerian Constitution against the interference of courts.
An order of the Federal High Court in Abuja, restraining the House from impeaching the Deputy Governor until the court determines a suit filed by him, still subsists.
Notably, the state’s chief judge is also joined in the suit filed by the deputy governor at the Federal High Court in Abuja.
Also, the House responded to another suit filed by Aiyedatiwa before the State High Court by describing the suit as an abuse of court process.
The speaker, Rt Hon Olamide Oladiji said: “The impeachment process will continue in line with the 1999 Constitution since the deputy governor failed to respond within seven days stipulated by the law.”
Issuing the directive at a plenary session of the house, the speaker said: “Distinguished colleagues, Section 188 of the Constitution states further that the deputy governor has 7 days within which to reply to the allegations leveled against him.
“The Constitution states further that within seven days of the passing of a motion under the foregoing provisions of this section, the Chief Judge of the state shall at the request of the Speaker of the House of Assembly appoint a panel of seven persons.
“Distinguished colleagues, I, therefore, wish to seek your opinion to direct the Chief Judge of Ondo State, Hon. Justice Olusegun Odusola, to in line with this section of the Constitution, set up a seven-man panel to investigate the deputy governor on the allegations leveled against him.”
The speaker said the deputy governor failed to respond to the letter of Notice served on him on September 25 over allegations of gross misconduct.
According to him, the letter of Notice was received on behalf of Aiyedatiwa by his Chief Protocol Officer.
Oladiji said the house resolution that the deputy governor should be duly served a Notice of the allegations, was in line with Section 188 of the Nigerian Constitution.
“Concerted efforts were made to serve the Notice on the deputy governor, who for some time was not available for the service, prompting the House to approach the court for a substituted service on the deputy governor.
“On 25th of September, a substituted service of the Notice of Allegations was made on the deputy governor duly signed by more than one-third of Honourable Members of the House as required by the Constitution in Section 188 Sub-section 2”.
According to him, the Constitution stipulates that the assembly should wait for seven days for the embattled deputy governor to respond which has lapsed.
Earlier, Counsel to the assembly, Femi Emodamori, had stated while urging the court to dismiss the suit that the House of Assembly had not breached the impeachment procedure stipulated in Section 188 of the 1999 Constitution as amended.
He urged the State High Court to dismiss Aiyedatiwa’s suit as he had earlier filed another suit at the Federal High Court in Abuja, “thereby turning the suit at the Ondo State High Court to multiplicity of action, forum shopping, and a gross abuse of judicial process.”
