Chief Judge of Ondo State, Olusegun Odusola cites an order of the Federal High Court for his refusal to set up the seven-person impeachment panel.
The Chief Judge of Ondo State, Olusegun Odusola, has rejected a directive by the state House of Assembly to set up a seven-person panel to investigate allegations of gross misconduct made against Deputy Governor Lucky Aiyedatiwa.
The lawmakers last week directed the judge to set up the panel in a move for the impeachment of the deputy governor who had been accused of disloyalty to Governor Rotimi Akeredolu.
The lawmakers gave the directive after Mr Aiyedatiwa refused to respond to the 14-point allegations of the lawmakers within the stipulated seven days. The deputy governor had instead chosen to seek protection from the federal and state high courts.
However, in a letter to the Speaker of the House of Assembly, Oladiji Olamide, with ref no. CROD/1123/V.3/ and dated October 6, 2023, Mr Odusola cited an order of the Federal High Court in Abuja restraining him from setting up the panel.
The court had ordered the defendants in Mr Aiyedatiwa's suit, including the House, Governor Akeredolu and the chief judge to stop further action in the process until the court determines the substantive matter in the suit.
Titled "Re: Letter Of Request To Set Up Investigation Panel Pursuant To Section 188 [5] Of The 1999 Constitution (As Amended)," Mr Odusola said despite being mindful of section 188 of the constitution that empowers him to carry out the directive of the House, the order of the Federal High Court in Abuja restrains him from doing so."Your letter reference NO: ODHA/98/253/406 of October 3, 2023 in respect of the above matter refers. I wish to inform you that on 28 September 2023, I was served with an Order of interim injunction granted by the Federal High Court, Abuja, Coram: Hon Justice Emeka Nwite in Suit No: FHC/AB/CS/1294/2023 dated September 26, 2023 in respect of this subject matter," the letter read.
"Order 4 therein restrains the Chief Judge of Ondo State from 'constituting any seven-man panel at the instance of the 4th Defendant Respondent in respect of the complaint of the plaintiff' among others, (Please find attached hereto a copy of the order).
"I am not unmindful of S. 188 (10) of the Constitution of the Federal Republic of Nigeria 1999 as amended which provides as follows: 'No proceedings or determination of the Panel or of the House of Assembly or any matter relating to such proceeding or determination shall be entertained or questioned in any court'.
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"Notwithstanding the above provision, a Court order is binding until set aside either by a Court of coordinate jurisdiction or by an appellate court."
When contacted on the development, the spokesperson of the House, Olatunji Oshati, on Thursday said he could not confirm that the lawmakers had received Mr Odusola's letter.
"We have also heard about a letter, but I will not be able to confirm to you now whether we have received such letter," Mr Oshati said.
"However, we are going into an emergency meeting now to discuss the issues on the matter and then we can determine whether the letter has arrived or not."
On Tuesday, the state high court in Akure struck out the suit filed by the deputy governor but he has filed an appeal against the decision of the court at the Court of Appeal.
On its part, the Federal High Court in Abuja had adjourned the hearing in the case to 16 October.
Governor Akeredolu returned to Nigeria last month after three months of treatment in a German hospital, but he is yet to appear in Akure, the state capital. This has raised fresh concerns about the health of the governor with some critics expressing fear that his family members and aides have been running the state in the name of the governor.
