Ondo Deputy Governor Seeks Court To Protection Against Impeachment Process
..denies receiving impeachment notice
Monday September 25, 2023
The Deputy Governor of Ondo State, Hon. Lucky Aiyedatiwa, has asked the Ondo State High Court to stop the State House of Assembly from proceeding with the impeachment proceedings against him.
This is pending the hearing and determination of the suit that he filed in court, just as he is yet to be served the letter of allegations of gross misconduct by the House of Assembly.
In Suit No. AK/348/2023 filed at the High Court in Akure on Monday, September 25, 2023, the Deputy Governor is seeking a declaration that the House of Assembly is not competent to proceed on his impeachment in breach of his constitutional and fundamental rights to fair hearing and that the sacking of his media aides and subjecting him to the Ministry of Information headed by a Commissioner amounts to a breach of his rights and privileges as a Deputy Governor.
He is also seeking a declaration that his office, tenure, status, rights and privileges are protected, guaranteed and secured by the Constitution, and the declaration that in the determination of his civil rights and obligations as a Deputy Governor of Ondo State by the House of Assembly, he is entitled to a fair hearing and that given the utterances and conduct of the House of Assembly so far, there is likelihood of bias against him in the impeachment process.
According to him, in conducting media trials against him without serving him with any notice of gross misconduct, the House Assembly has constituted itself into accuser, investigator, prosecutor and judge.
Aiyedatiwa then sought orders of injunction to stop the House of Assembly from initiating, continuing or proceeding with the process of his removal from office as the Deputy Governor of Ondo State.
He also seeks an order to stop the Chief Judge of Ondo State from accepting or acting upon any request from the House of Assembly of Ondo State to set up any panel to investigate any acts of gross misconduct against the Deputy Governor.
Named as defendants in the suit filed by human rights lawyer, Ebun-Olu Adegboruwa, SAN are the Ondo State Government, the Governor of Ondo State, Ondo State House of Assembly, Speaker of Ondo State House of Assembly, Clerk of Ondo State House of Assembly and Chief Judge of Ondo State.
In the affidavit in support of the originating summons, it was stated that the House of Assembly embarked upon a media trial of the Deputy Governor purely to scandalize him and incite public opinion against him when indeed no notice of acts of alleged gross misconduct was served on him.
He also accused the House of Assembly of persecuting him without lawful basis in conspiracy with certain persons who are gladiators in political circles.
However, all attempts made to serve the court processes on the House of Assembly have so far been rebuffed, as policemen at the gate denied access to the court bailiff and also counsel from the office of solicitors to the Claimant.
It narrated the loyalty of the Deputy Governor since he assumed office in the face of the health challenges of Governor Rotimi Akeredolu and how he led the state in prayers for the recovery of the governor.
The Deputy Governor denied any act of wrongdoing, stating that he has been loyal to the governor all through their tenure.
In a letter dated September 25, 2023, from the Chambers of Ebun-Olu Adegboruwa (SAN) and Co. and delivered to the office of the Chief Judge of Ondo State, copies of the court processes were duly attached for the information of the Chief Judge.
In the meantime Ondo State Deputy Governor, Hon Lucky Aiyedatiwa has debunked the impression in the media and in the public that he has been served with notice of misconduct by Ondo State House of Assembly.
According to Aiyedatiwa, what has been going on in the last few days has been media trial on his person which is very unfortunate.
The Deputy Governor made known this information in a letter he personally signed today, Monday September 25, 2023.
The letter reads as follows:
1 My attention has been drawn to claims by the Ondo State House of Assembly through its member and chairman of the House Committee on Information, Hon Olatunji Oshati on national television to the extent that I have been served with notice of gross misconduct.
2 On Thursday 21st September, 2023, Hon Olatunji Oshati was a guest on Channels Television programme “Politics Today”, where he stated that I have been served with notice of allegations of gross misconduct by the House of Assembly of Ondo State.
3 His statement and television interview came after various news reports that the House of Assembly had on Wednesday September 20, 2023 taken the decision to serve a “Letter of gross misconduct” to me, following a purported petition by some members of the House. Hon Oshati also claimed that I have been given seven days to respond to the said allegations.
4 It is pertinent to put on record that as at today, Monday September 25, 2023, I have not received any official communication or any “Letter of allegations of gross misconduct” from the Ondo State House of Assembly.
5 I find it especially worrying that, the Spokesperson of the House of Assembly, would go on national television to speak on such matter without any evidence to show that such letter has been delivered to me. More disturbing is the fact that even when he was asked if the letter had been delivered, he gave no coherent answer.
6 A sensitive constitutional matter of this nature; impeachment process should not be conducted on pages of newspapers and television screens.
7 In effect, I reiterate that if such “letter of allegations of gross misconduct” against me exist, I have not seen it and I have not been served. I therefore urge Mr Speaker, The Honourable Chief Judge of Ondo State and members of the public to take note.