Court Grants Deputy Governor Leave to Serve Ondo Assembly

Wale   Igbintade

Justice O. Akintan-Osadebay of the Akure High Court in Ondo State has granted leave to the Deputy Governor of Ondo State, Mr. Lucky Aiyedatiwa, to serve all processes filed in the suit upon the House of Assembly of Ondo State, the Speaker of the House of Assembly and the Clerk. 

The court directed that all processes filed in the suit be served on the House of Assembly by posting on the front side wall/fence or entrance gate or any conspicuous area of the Ondo State House of Assembly Complex, Alagbaka, Akure and also on the notice board of the High Court of Justice, Akure, Ondo State.

Aiyedatiwa, had approached the Ondo State High Court to stop the Ondo State House of Assembly from proceeding with the impeachment proceedings against him pending the hearing and determination of the suit he filed before the court

However, on September 19, 2023, the House of Assembly of Ondo State claimed to have commenced impeachment proceedings against the deputy governor instead of serving the deputy governor with the purported notice of acts of gross misconduct.

Also, the House of Assembly convened a plenary session on September 20, 2023 to deliberate on the notice which had not been served, thus allegedly violating the process of removal as outlined in Section 188 of the constitution and also infringing upon the constitutional and fundamental rights of the deputy governor. 

Aggrieved with the antics of the House of Assembly, the deputy governor approached the Akure High Court in Suit No. AK/348/2023 filed on September 25, 2023, to stop the House of Assembly in their illegal actions. 

The House of Assembly allegedly prevented the bailiff of the Akure High Court from gaining entrance into the premises of the Assembly to serve the court processes at about 10:30a.m. on September 25, 2023, but would later in the evening of the same day claimed to have served the notice of acts of gross misconduct, after the suit had been filed in court.

Sensing that the House of Assembly was working to frustrate the suit filed in court, Counsel to the deputy governor, Ebun-Olu Adegboruwa, SAN, filed an application before the court seeking an order for leave of the court to serve the Assembly by substituted means by posting the court processes on the wall/fence of the Assembly complex. 

Arguing the application, Adegboruwa drew the attention of the court to the affidavit in support of the application, narrating how the Assembly had conducted its affairs illegally and displaying unacceptable acts of legislative rascality by locking the entrance gate of the Assembly in order to evade service of court processes. 

The judge thereafter granted the application upon the terms of the reliefs contained in the application.

The case has been adjourned to October 6, 2023. The bailiff of the Akure High Court has since complied with the order of the court by posting the court processes as directed by the court.

In the substantive Originating Summons, the deputy governor is seeking the following reliefs:

 A declaration that the office, tenure and status of the Claimant as the deputy governor of Ondo State are creations and establishment of the Constitution by virtue of Sections 186 and 187 of the Constitution, Federal Republic of Nigeria, 1999 (as Amended) and the same cannot be tampered with, altered, shortened, withdrawn or jeopardized by the Defendants except and in a manner permitted by law.

“A declaration as the deputy governor of Ondo State, the office, tenure, status, rights and privileges of the claimant are protected, secured, guaranteed, governed and regulated under and by the relevant provisions such as sections, 188, 189, 190 and 191 of the Constitution, Federal Republic of Nigeria, 1999 (as Amended) and they are to be enjoyed by the claimant without let or hindrance from the defendants except and in a manner permitted by law.

“A declaration that as the deputy governor of Ondo State, the claimant is entitled to the rights and privileges attached to his office, including but not limited to his media details and other aides attached to his office.

“A declaration that in the determination of his civil rights and obligations as the deputy governor of Ondo State, the claimant is entitled fair hearing from the defendants and the defendants are not entitled to take any step or decision in violation of the claimant’s right to fair hearing.

“A declaration that the dismissal of all the media aides and press crew attached to the office of the claimant as the deputy governor of Ondo State by the 1st and 2nd defendants without prior notice to the claimant is unreasonable, vindictive, malicious, unconstitutional, illegal and null and void.

“A declaration that the defendants are not entitled to arbitrarily, forcefully, illegally, unduly or in any other manner howsoever interfere with, encroach upon and/or infringe on the constitutional rights and functions of the of the claimant as the deputy governor of Ondo State without due process of law as contained in the relevant provisions of the Constitution, Federal Republic of Nigeria, 1999 (As Amended).

“A declaration that as a democratically elected deputy governor of Ondo State in a joint ticket with the 2nd defendant, state, the claimant is entitled to remain in office as such, freely exercise his rights and discharge his constitutional duties as deputy governor of Ondo State within the full time allocated to the office by the Constitution, Federal Republic of Nigeria, 1999 (As Amended).

“A declaration that the defendants are not entitled to take any steps in pursuit of the removal of the claimant from his office as the deputy governor of Ondo State in flagrant violation of his constitutional and fundamental rights.

A declaration that the 3rd-5th defendants are not entitled to constitute themselves into investigators, prosecutors and judge over trumped up allegations against the claimant in relation to his office, tenure and status as the deputy governor of Ondo State.

“A declaration that the 6th defendant, the Honourable Chief Judge of Ondo State is not entitled to receive, act upon and/or consider any request from the 3rd – 5th defendants for the purpose of constituting a panel to investigate any purported allegation and/or for the removal of the claimant from office as deputy governor of Ondo State in violation of the constitutional and fundamental rights of the Claimant.

“An  injunction restraining the defendants and their agents, privies and representatives from interfering with, restricting, disempowering and/or preventing the claimant from discharging his constitutional duties and functions as the duly elected deputy governor of Ondo State in a joint and equal ticket with the Governor of the Ondo State.

“An order forthwith reinstating/restoring the full and total rights and privileges attached or accruing to the office of the claimant as duly elected deputy governor of Ondo State which include, but not limited to the restoration of all media aides and press crew attached to the office of the claimant as deputy governor of Ondo State.

“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 and such further or other order (S) as the  Court may deem fit to make in the circumstances.”