The Chief Judge of Ondo State, Justice Olusegun Odusola, has rejected request to set up a panel to investigate allegations against the state Deputy Governor, Mr Lucky Ayedatiwa.
The request from the state house of assembly was part of the process prescribed by the constitution to impeach the Deputy Governor.
The assembly had requested the Chief Judge to set up the panel to investigate the Deputy Governor of allegations of gross misconduct in line with Section 188 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
Aiyedatiwa, in a letter to the Chief Judge countered the assembly’s request, urging him not to grant the assembly’s request for an investigation.
Giving reasons for his decision Chief Justice Odusola, in a letter addressed to the Speaker of the State House of Assembly, Rt Hon Oladiji Olamide Aderanmi, on October 6, 2023, cited Section 287(3) of the Constitution for his inability to act on the House’s letter.
In the letter with reference number CROD/1123/V.3/,
the Chief Judge stated that the constitutional provision prevented him from carrying out the function due to a restraining order from a Federal High Court.
The response letter, titled “Re: Letter Of Request To Set Up Investigation Panel Pursuant To Section 188 [5] Of The 1999 Constitution (As Amended).
Justice Odusola explained that although, he was aware of Section 188, there was a court order from the Federal High Court in Abuja that placed a restriction on his actions.
The letter reads : “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.”
“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).”
Chief Justice Odusola further clarified, “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.
“Notwithstanding the above provision, a Court order is binding until set aside either by a Court of coordinate jurisdiction or by an appellate court.
“I am under legal obligation to obey the provision of Section 287(3) of the Constitution of the Federal Republic of Nigeria 1999 as amended, which provides as follows: ‘The decisions of the Federal High Court, a High Court, and of all other courts established by this constitution shall be enforced in any part of the federation by all authorities and persons, and by other Court of law with subordinate jurisdiction to that of the Federal High Court, a High Court and those other Courts, respectively.
“I am constrained to inform you that I cannot accede to your request to constitute the 7-man Panel as requested above except the order is set aside by a Court.”
“Please accept the assurances of my highest regards.”
(vitalnewsngr.com)
