Impeachment: Oyo Deputy Gov Loses at High Court,  Heads to A’Court

Kemi Olaitan in Ibadan

An Ibadan High Court presided over by Justice Ladiran Akintola, yesterday, dismissed the suit filed by Oyo State Deputy Governor, Rauf Olaniyan, over the procedures adopted by members of the State House of Assembly to remove him from office.

Justice Akintola, in the judgement, ruled that the lawmakers and all the defendants have not erred on the procedures taken.
But not satisfied with the judgement, Olaniyan, immediately filed an appeal at the appeallatecourt, less than an hour after the judgement was delivered.
His counsel, Chief Afolabi Fashanu, SAN, while  confirming the development to journalists after the court session, said his client has filed notice of appeal and an application for stay of execution of judgement.
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 was administrative in the Constitution while the allegations were clear enough for the claimant to understand.
Akintola said 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.

“There is nowhere that the speaker is involved as an initiative but an administrative. The issue raised by the claimant against the defendant are resolved against the claimant. No proceedings of the House can be entertained in any court, therefore, the claimant’s case is accordingly dismissed,” he said.

In his own reaction to the judgement, counsel to the defendants, Otunba Kunle Kalejaiye, SAN,  said the court only restated the position of the law on the matter, adding that the issue of removal is a legislative affair and when the court can only step in is if the legislatures step out of the constitutional provisions.