Ondo house of assembly has asked Olusegun Odusola, the chief judge (CJ) of the state, to constitute a seven-man panel to investigate the allegations of gross misconduct against Lucky Aiyedatiwa, the deputy governor.
The house told the chief judge that the ex parte order restricting him has expired, noting that he is enabled by law to constitute the panel.
The CJ had initially declined the request by the house to set up the panel based on an ex parte order issued by Emeka Nwite, a judge of the federal high court in Abuja.
On September 26, Nwite restrained the Ondo house of assembly from impeaching Aiyedatiwa and also prohibited Rotimi Akeredolu, the governor of the state, from nominating a new deputy.
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In a statement released by the house on Monday, the assembly called on the CJ to constitute the panel without any further delay.
“The Ondo state house of assembly had on 3rd October, 2023 requested your lordship to constitute a seven-man panel to investigate the allegations of gross misconduct levelled by the house against the deputy-governor of Ondo state, His Excellency, Hon. Lucky Orimisan Aiyedatiwa, in line with Section 188 (5) of the Nigeria,” the statement reads.
“In a reply letter dated October 6, 2023, your lordship acknowledged and quoted Section 188 (10) of the constitution which states that ‘No proceedings or determination of the house of assembly or the panel or any matter relating so such proceedings or determination shall be entertained or questioned in any court.’
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“Your lordship however opined that until the ex parte order made on September 26, 2023, by the Abuja judicial division of the federal high court restraining you from setting up the panel was either vacated or set aside, your hands would continue to be tied.
“The said order has now elapsed and/or become extinguished by the operation of the law, in view of the clear provisions of Order 26 Rule 10 (2) & (3) of the federal high court (Civil Procedure) Rules, 2019, which states as follows.
“Consequently, the 10th Ondo State House of Assembly hereby calls on your lordship to kindly constitute the Panel without any further delay.”
On October 16, Olatunji Oshati, the spokesperson of the assembly, announced the suspension of the impeachment proceedings against the deputy governor till the order is vacated.
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“We have considered the letter which is everywhere in the public domain and we are halting the impeachment process until the order of the Federal High Court is vacated,” Oshati had said.
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