COURT GRANTS LEAVE TO DEPUTY GOVERNOR TO SERVE ONDO ASSEMBLY

The Akure High Court of Ondo State on Thursday September 28, 2023 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. This directive is contained in the order of Hon Justice O. Akintan-Osadebay which 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

On September 19, 2023, the House of Assembly of Ondo State claimed to have commenced impeachment proceedings against the Deputy Governor but instead of serving the Deputy Governor with the purported notice of acts of gross misconduct, the House of Assembly illegally convened a plenary session on September 20, 2023 to deliberate on the notice which had not been served, thus 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. The House of Assembly and its officers subsequently embarked upon a mindless media campaign and persecution of the Deputy Governor for several days without actually serving him the notice of acts of gross misconduct. 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 prevented the bailiff of the Akure High Court from gaining entrance into the premises of the Assembly to serve the court processes at about 10:30am 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, lawyers to the Deputy Governor 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 said application in Akure on September 28, 2023, lead counsel to the Deputy Governor, Ebun-Olu Adegboruwa, SAN, brought the contents of the affidavit in support of the application to the attention of the presiding judge, 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 therein. 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. A DECLARATION that the office, tenure and status of the Claimant as the Deputy Governor of Ondo State are creations and establishments of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and by virtue of Sections 186 and 187 of the said Constitution of the Federal Republic of Nigeria, 1999 (as Amended) the same cannot be withdrawn, tampered with, altered, shortened or jeopardized by the Defendants except and in a manner permitted by law.

B. A DECLARATION that 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 as sections 186, 188, 189, 190 and 191 of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and other enabling legislations in that behalf and they are to be enjoyed as such by the Claimant without let or hindrance from the Defendants except and in a manner permitted by law.

C. A DECLARATION that in the determination of his civil rights and obligations as the Deputy Governor of Ondo State, the Claimant is entitled to fair hearing from the Defendants and the Defendants are not entitled to take any step or decision affecting the Claimant as such in violation of his right to fair hearing.

D. 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 of the Federal Republic of Nigeria, 1999 (As Amended).

E. 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 2ndDefendants without prior notice to the Claimant is unreasonable, vindictive, malicious, unconstitutional, illegal and null and void.

F. 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 without let or hindrance from the 1st-5th Defendants.

G. A DECLARATION that as a democratically elected Deputy Governor of Ondo State in a joint ticket with the 2nd Defendant, 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 of the Federal Republic of Nigeria, 1999 (As Amended).

H. 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.

I. A DECLARATION that the 6thDefendant, the 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.

J. AN INJUNCTION restraining the Defendants and their agents, privies and representatives from interfering with the office, status, tenure of the Claimant as the Deputy Governor of Ondo State, or in any other manner 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.

K. AN ORDER forthwith reinstating/restoring the full and total rights and privileges attached or accruing to the office of the Claimant as the duly elected Deputy Governor of Ondo State which include, but are not limited to the restoration of all media aides and press crew attached to the office of the Claimant as the Deputy Governor of Ondo State.

L. AN ORDER setting aside any purported process or notice of any allegation of Gross Misconduct issued by the 3rd-5th Defendants against the Claimant which constitutes a violation of the constitutional and fundamental rights of the Claimant.

M. SUCH FURTHER OR OTHER ORDER (S) as this Honourable Court may deem fit to make in the circumstances.