A Federal High Court in Abuja has restrained the Ondo State House of Assembly from impeaching the Deputy Governor of Ondo State, Mr Lucky Aiyedatiwa, over alleged gross misconduct.
Justice Emeka Nwite, the presiding judge, delivered a ruling on Tuesday shortly after Aiyedatiwa’s counsel, Kayode Adewusi, moved the ex-parte motion to the effect.
The judge also restrained Governor Rotimi Akeredolu from nominating a new deputy governor and forwarding the same to the lawmakers for approval pending the hearing and determination of the substantive matter.
Interest in justice must be met
Justice Nwite held that after listening to Adewusi, he was of the view that the interest of justice would be met by granting the application.
The judge said,
- “Therefore, the application of the applicant succeeds.’’
In the application before the court, the deputy governor sought four reliefs.
The judge further made an order of interim injunction restraining Akeredolu, his servants, or privies from harassing, intimidating, embarrassing, and preventing Aiyedatiwa from carrying out the functions of his office as deputy governor of the state.
Justice Nwite, who granted all the reliefs, adjourned the matter until October 9 for a hearing.
Mr Aiyedatiwa had also, in another suit before the High Court in Akure, prayed for the court to stop the state house of assembly from proceeding with the impeachment proceedings against him, pending the hearing and determination of the suit filed in the court on Monday.
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Embattled Ondo state deputy governor, Hon Lucky Aiyedatiwa, has approached the state High Court, to restrain the state House of Assembly from proceeding with the move to impeach him.
This is coming ahead of today’s (Tuesday) plenary in the assembly, to decide the fate of the deputy governor who was accused of gross misconduct.
Recall that the assembly under the leadership of the Speaker, Olamide Oladiji, had adjourned till Tuesday after the assembly directed the Clerk of the house, Benjamin Jaiyeola, to write a letter to the deputy governor over allegations of Gross misconduct levelled against him.
The petition which was signed by some lawmakers was read during plenary presided over by the speaker, last week.
However, the deputy governor, in Suit No. AK/348/2023 filed on Monday at the High Court, Akure,
- “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.
Aiyedatiwa “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.
