Aiyedatiwa’s Impeachment: Ondo CJ Steps Down Inauguration Of Investigation Panel
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Ondo State Governor Rotimi Akeredolu and the state’s assembly appeared to be in a dilemma over the impeachment plot against the Deputy Governor Lucky Aiyedatiwa.
The plot to unseat Aiyedatiwa came to a halt on Tuesday as the state’s chief judge, Justice Olusegun Odusola, declined the order of the state House of Assembly to set up a panel to probe the embattled second citizen of the state within seven days.
The Chief Judge, in a letter to the Speaker of the State House of Assembly, Oladiji Olamide, with ref No. CROD/1123/V.3/, dated October 6, 2023, cited Section 287 (3) of the Constitution as the reason why he cannot act on the letter from the House.
The CJ said he was barred from performing the function by an order of a Federal High Court.
Titled: “Re: Letter Of Request To Set Up Investigation Panel Pursuant To Section 188 (5) Of The 1999 Constitution (As Amended)”, Chief Justice Odusola said despite being mindful of section 188, there’s a restriction order from a Federal High Court in Abuja.
It 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).
“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.”
The seven-day deadline handed down to Odusola by the legislature expired on Tuesday.
The Assembly at its plenary on Tuesday, October 3, 2023, ordered Odusola to set up a seven-member panel to investigate 14-count allegations bordering on official misconduct slammed on Aiyedatiwa within seven days.
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