The Oyo State High Court in Southwest Nigeria has dismissed a case filed by the Deputy Governor, Rauf Olaniyan, over the procedures adopted by the members of the State House of Assembly to remove him from office.
Justice Ladiran Akintola, who presided over the Court sitting in Ibadan, the state capital, ruled that the lawmakers and all the defendants have not erred in the procedures taken.
While delivering judgment, Justice Akintola ruled that the process of removal of one from an office and originating summons filed by the claimant were purely legislative and not judicial, according to the 1999 Constitution.
He said; “the role of the speaker is administrative in the Constitution while the allegations were clear enough for the claimant to understand.”
Akintola stated that he validated the process initiated by the House of Assembly, having carefully considered the originating summons, counter affidavits by the defendants, written addresses, and others.
He said: “There is nowhere that the speaker is involved as an initiative but an administrative. The issue raised by the claimant against the defendant is resolved against the claimant. No proceedings of the House can be entertained in any court, therefore the claimant’s case is accordingly dismissed.”
Reacting to the judgment, counsel to the defendants, Otunba Kunle Kalejaiye, said the court only restated the position of the law on the matter.
According to him, the issue of removal is a legislative affair and the court can only step in if the legislatures step out of the constitutional provisions.
Kalejaiye said; “There are eight steps to be taken and it is only the first step that has been taken. It is incorrect to refer to the removal of a governor, or a deputy, as criminal proceedings, it is not. There are steps established under the constitution for parties to be heard and we will ensure that nobody is denied his constitutional right.”
Kalejaiye stated that the court had approved that the State Assembly did the right thing by the claimant and as such, the House would move ahead.
He said; “The court said there are circumstances where it will intervene. In this situation, the circumstances have not been fulfilled and that the notice of impeachment given substantially complies with the provision of the constitution.”
Appeal
Not satisfied with the judgment, the Deputy Governor, in what could be described as a preemptive move, immediately filed an appeal at the Appeal Court, less than an hour after the judgment was delivered.
Confirming the development to reporters after the Court session, the counsel to Olaniyan, Chief Afolabi Fashanu said; “his client had filed a notice of appeal and an application for stay of execution of judgment.”
He expressed optimism that the Chief Judge would consider the notice of appeal and application for the stay of execution before the court, before going ahead with the setting up of a seven-man investigation panel as directed by the House of Assembly.
Fashanu said; “We have taken the next line of action. We have filed a notice of appeal, and we have applied for a stay of execution of the judgment. We filed it on Thursday.
“Our prayers before the court, through the application, is for the court to stay the enforcement and execution of the judgment pending the reservation of the appeal that we have filed.”
Fashanu stated that he believed the Chief Justice is a law-abiding citizen who has respect for the rule of law and would await the decision for the application of a stay of execution.
When asked how soon he hoped the case would be heard, Fashanu responded saying: “The Court is on vacation (from Friday) and I guess it has to be by next legal year but I know that the Chief Justice will not take any step. I believe him to be a man of integrity and I have known him for years. I know he is someone who will keep the matter in abeyance.”
The Deputy Governor Rauf Olaniyan had, through his counsel, Afolabi Fashanu (SAN), dragged the State House of Assembly; the Speaker, Mr. Adebo Ogundoyin, and the Clerk to court over impeachment moves made against him by the lawmakers.
VON