Mr Aiyedatiwa is under the threat of impeachment by the Ondo House of Assembly over allegations of gross misconduct.
The embattled Deputy Governor of Ondo State, Lucky Aiyedatiwa, has asked the Chief Judge of the state, Olusegun Odusola, to ignore the directive of the House of Assembly to set up a seven-person panel to investigate him.
Mr Aiyedatiwa is under the threat of impeachment by the assembly over allegations of gross misconduct.
He was served with the notice of the allegations by the House but he ignored its directive to respond within seven days. Instead, Mr Aiyedatiwa obtained an order from the Federal High Court in Abuja that the lawmakers should suspend the process.
But the assembly, led by Olamide Oladiji, has gone ahead with the proceedings despite the court order.
After the seven days it gave the deputy governor to respond to the allegations, the House directed the state Chief Judge to set up the panel in line with the provisions of the Constitution.
However, counsel to the deputy governor, Ebun Olu-Adegboruwa, on Thursday, in a letter, told the Chief Judge
that it would be contempt of court to proceed with the impeachment process while two cases over the matter are before the Federal High Court in Abuja and the State High Court in Akure.
The lawyer said Mr Aiyedatiwa did not respond to the notice from the House of Assembly because of the restraining order issued by the Federal High Court.
"Under and by virtue of section 287(3) of the Constitution, 'all persons and authorities in Nigeria' are to obey and give effect to the orders of the Federal High Court," he said in the letter to the Chief Judge.
"Our Client swore on oath to defend the Constitution and he cannot act against the said Constitution to disobey the valid and subsisting order of the Federal High Court of Nigeria which has halted the removal proceedings.
"Our Client has not been personally served with any valid Notice of acts of gross misconduct as required by law. Our Client is not in receipt of any valid Notice of acts of gross misconduct properly so issued and bearing the authority of the House of Assembly of Ondo State to which he can respond.
"Our Client has filed and served two separate applications upon the Ondo State House of Assembly, seeking orders of interlocutory injunction against the removal proceedings and also to stay further proceedings in respect of the invalid Notice, which was illegally issued and improperly served."
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Mr Olu-Adegboruwa added that since the House of Assembly has already joined matters in the court over the issue by filing an appeal against the restraining order, it would be against the law to continue with the impeachment process without awaiting the outcome of the case.
"The House of Assembly having submitted to the jurisdiction of the Court by filing processes in Suit No. AK/348/2023 is pending before the High Court in Akure and also purporting to file a complaint before the National Judicial Council in Suit No. FHC/ABJ/CS/1249/2023 before the Federal High Court Abuja, is fully aware of and cognizant of the authority of the Court over the subject matter of the removal proceedings against our Client," he further argued.
"Consequently, it is our considered view that the matter of the planned removal of the Deputy Governor of Ondo State is now subjudice.
"Parties should follow the due process of law, the House of Assembly itself being a creation of law, seeking to implement the provisions of law, rightly or wrongly.
"It cannot and should not be allowed to take the law into its own hands by openly disregarding a subsisting order of the court and other court processes duly served upon it."
Hostilities between the state governor, Rotimi Akeredolu, and his deputy increased shortly after the governor returned from medical leave abroad last month.
Mr Akeredolu has since fired the deputy governor's media aides.
