Ondo Assembly: We’ve Not Suspended Impeachment Process against Aiyedatiwa

Fidelis David in Akure

The Ondo State House of Assembly yesterday reiterated that it had not suspended the impeachment proceedings against the state Deputy Governor, Mr. Lucky Aiyedatiwa.
The spokesperson of the assembly, Olatunji Oshati, while speaking on Friday, had confirmed that the lawmakers would comply with the order of the Federal High Court and halt further proceedings on the impeachment.

However, a statement issued by counsel to the state assembly, Femi Emodamori, insisted that it would see the impeachment proceedings through to a logical conclusion in order to determine the veracity or otherwise of the monumental allegations of gross misconduct against the deputy governor.
The statement read: “Our client, the Ondo State House of Assembly has brought some distorted news story stating that it had ‘suspended’ the impeachment of the state deputy governor, to our attention.

“The House reaffirmed that it has not ‘suspended’ the impeachment process as inaccurately reported, and will carry the same through to a logical conclusion in order to determine the veracity or otherwise of the monumental allegations of gross misconduct against the deputy governor.
“Our client meticulously complied with the said Section 188(3) of the Constitution. In fact, 23 out of its 26 members (more than the minimum two-thirds majority required) passed that motion on October 3, 2023.”

The assembly noted: “Section 188(5) of the Constitution further states that after the motion is passed by the two-third majority, the Speaker should formally request the State Chief Judge to set up the seven-man panel. The Speaker diligently complied with this on the same October 3 when the motion was passed.
“It was at this stage that His Lordship, the Honourable Chief Judge of Ondo State, replied the House, stating that he received an ex parte order which the Deputy-Governor secured from the Abuja Judicial Division of the Federal High Court on September 26, 2023, ‘restraining’ his lordship from setting up the panel, pending when the court would hear all the parties in the case to determine the merit of the application or the case filed by the deputy-governor.

“For the avoidance of doubt, Section 188(10) of the Constitution clearly states that. The proceedings or determination of the House or Panel or any matter relating to such proceedings or determination shall not be questioned or entertained in any court”, and there are too many judgments of the highest courts in Nigeria affirming that no court has the jurisdiction to dabble into an impeachment process, as long as the House of Assembly complies with all the constitutional process.

“The Honourable Chief Judge himself stated in his widely reported reply to my client, that his lordship was not unmindful of the above provisions of Section 188(10) of the Constitution and even quoted it verbatim.
“His lordship however stated that as a Chief Judge, he would prefer that the ex parte order, which his lordship believes “tied his hand”, should first be vacated or set aside. The Chief Judge obviously prefers to err on the side of caution.”

The House noted that in spite of their reservations about the position of the Chief Judge in the face of the clear provisions of Section 188(10) of the Constitution and the judgments of the appellate courts stating that no court has the power to question or entertain any matter relating to the impeachment, they would, for now, show sufficient understanding of the delicate position the CJ.

“By promptly taking the necessary legal steps to vacate or quash the order and/or the entire suit at the Federal High Court, in order to untie the hands of his lordship and proceed with the impeachment to a logical conclusion.”