Lucky Aiyedatiwa, the Deputy Governor of Ondo State, has taken legal action to stop the State House of Assembly from proceeding with his impeachment.
Gatekeepers News reports that in suit No. AK/348/2023, filed at the High Court in Akure on September 25, 2023, Aiyedatiwa seeks several declarations and injunctions to stop the Ondo State House of Assembly from initiating or continuing the process of his removal from office.
The suit was filed on his behalf by Ebun-Olu Adegboruwa, a senior advocate of Nigeria (SAN).
He claimed that his right to a fair hearing was breached. The suit names multiple defendants, including the Ondo State Government, the State Governor, and the State House of Assembly, the Speaker of the State House of Assembly, the clerk of the house and the chief judge of Ondo.
The Deputy Governor seeks a declaration that the House of Assembly is not competent to proceed with the impeachment due to the alleged breach of his right to a fair hearing.
According to the court document, the Aiyedatiwa firmly states that his office, tenure, status, rights and privileges “are protected, secured, guaranteed, governed and regulated under and by the relevant provisions such as sections, 188, 189, 190 and 191 of the Constitution, Federal Republic of Nigeria, 1999 (as amended)” and should not be hindered “except and in a manner permitted by law”.
He also requests the court to declare that no step should be taken against him without a fair hearing.
The deputy governor is also seeking an order to stop the chief judge of Ondo from accepting or acting upon any request from the house of assembly to set up any panel to investigate any acts of gross misconduct against him.
He wants the court to declare that as the deputy Governor of Ondo, he “is entitled to the rights and privileges attached to his office, including but not limited to his media details and other aides attached to his office”.
He said the dismissal of all the media aides and press crew attached to his office without prior notice “is unreasonable, vindictive, malicious, unconstitutional, illegal” and should be declared “null and void”.
Aiyedatiwa was further seeking “a declaration that as a democratically elected deputy governor of Ondo state in a joint ticket with the 2nd defendant (governor of the state), the claimant (Aiyedatiwa) 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, Federal Republic of Nigeria, 1999 (as amended)”.
“A declaration that the 3rd-5th defendants are not entitled to constitute themselves into investigators, prosecutors and judge over trumped-up allegations against the claimant in relation to his office, tenure and status as the deputy governor of Ondo state,” the court document reads.
“An order forthwith reinstating/restoring the full and total rights and privileges attached or accruing to the office of the Claimant as duly elected deputy governor of Ondo state which include, but not limited to the restoration of all media aides and press crew attached to the office of the claimant as deputy governor of Ondo state.”
Gatekeepers News reports that earlier on Monday, the state house of assembly served an impeachment notice to the deputy governor through substituted service.
The assembly had on Wednesday during a plenary session, directed the clerk to write the deputy governor on alleged gross misconduct.
Speaker of the House, Olamide Oladiji said “since Wednesday 20th, we have been trying our best to see how we can get him served, but we were not able to achieve that, now we have to go through the court”.
“We got an affidavit from the court through substituted service, so he has been served through his office. It was received by his secretary,” he added.
“Although there are people sending me messages to suppress me, I am not under any pressure, except the threats. This is a legislative assignment.”
