Adebisi Onanuga
The Lagos State House of Assembly has filed a preliminary objection at an Ikeja High Court challenging the jurisdiction of the court to hear a suit filed by former Governor Akinwunmi Ambode over probe of purchase of 820 buses.
They told the trial judge, Justice Yetunde Adesanya, yesterday that the suit is incompetent and asked the court to strike it out.
Ambode is seeking to stop the probe of his administration over procurement of the 820 buses for public transportation under the Bus Rapid Initiative (BRI).
But the lawmakers, in their application, asked the court to discharge them of the injunction by Ambode seeking to restrain them from probing him.
Other respondents in the suit are Speaker Mudashiru Obasa, the Clerk, Mr. A. A Sanni; Chairman of the Ad hoc Probe Committee Fatai Mojeed and all members of the committee set up by the House to probe the procurement of the buses.
The members of the Ad-hoc committee are Mr. Gbolahan Yishawu, Mr. A. A Yusuf, Mr. Yinka Ogundimu, Mrs. Mojisola Meranda, Mr. M. L. Makinde, Mr. Kehinde Joseph, Mr. Temitope Adewale and Mr. Olanrewaju Afinni.
At resumed proceeding yesterday, lead counsel to the Assembly, Lawal Pedro (SAN), informed the court of their application opposing all injunctions sought by Ambode in the suit.
Pedro said: “We have filed a Notice of Preliminary Objection highlighting the incompetence of this suit and we are challenging the jurisdiction of the court to entertain the suit.
“We also filed a counter-affidavit and a written address for the claimant’s (Ambode) Motion for Interlocutory Injunction.”
He noted that Ambode’s lawyer, Mr Tayo Oyetibo (SAN), had filed a written reply on points of law to the respondent’s motion challenging the injunction and a written address in opposition to the Preliminary Objection of the respondents.
Billion, Eighty-Two Million, Two Hundred and Forty-Two Thousand, Eight Hundred and Eighty Naira (N699,082,242,808.00) only as the Recurrent and Capital Expenditures respectively.
“Part of the items authorized by the Bill under Capital Expenditure was: “LAGBUS Public Transport Infrastructure (MEPB); Part financing of 820 buses” which was item 8 under schedule 1- Part C of the Bill,” the former Governor averred.
He averred that having prescribed the manner of withdrawal of funds in sections 3 and 4 of the 2018 Appropriation Law, it was unconstitutional for the House to attach another condition in section 9 of the law for further approval to be sought before incurring any expenditure on the purchase of the buses.
Highlighting the specific breach of his constitutional rights to fair hearing by the House, the former Governor said on August 27, 2019 during proceedings of the Assembly, some lawmakers thoroughly vilified and disparaged him as having purchased the buses without budgetary approval and that the procurement was a waste of public funds, while at the end of the proceedings, the House resolved to constitute an Ad Hoc Committee to probe the procurement.
He stated in his averment that it was “surprising that the very lawmakers who contributed actively in vilifying, disparaging and denigrating him constituted the bulk of the members of the Committee, which was a clear derogation of his right to fair hearing.
Ambode stated that in continuation of deliberate misrepresentation of facts of the issue, the House falsely claimed that an invitation had been extended to him to appear before the Committee but that he failed to honour the said invitation.
“The claimant states that no letter of invitation was delivered to him before the 4th and 5th Defendants made the false allegation against the Claimant which was widely reported by various national Newspapers in the country.
He claimed that the House Committee and indeed the entire members of the House had already adjudged him as having committed wastage of public fund by the procurement of the buses in question and had also already determined that the procurement was done by him as opposed to the State Government.
He said it was obvious that the lawmakers were totally biased against him having regard to their pronouncements on the floor of the House by reason of which he believes that his right to fair hearing as guaranteed by the Constitution had been seriously compromised by the defendants.
He is, therefore, seeking among others, the court’s declaration that the power of the House to pass a resolution under section 128(1) of the Constitution to cause an inquiry into his conduct as Governor is subject to right to fair hearing as guaranteed by section 36(1) of the Constitution.
He also wants a declaration that the Resolution of the House setting up a 9-Man Committee comprising of the 4th-12th defendants to investigate all transactions in respect of the 820 Buses said by the defendants to have been procured by him derogates from his right as guaranteed by section.
READ ALSO: BREAKING: Lagos Assembly challenges court’s jurisdiction to hear Ambode’s suit
Other claims are: “A declaration that having regard to the provisions of sections 1, 2, 3 and 4 of the Appropriation Law of Lagos State 2018, sections 8 and 9 of the Law which required the approval of the House of Assembly of Lagos State before certain expenditure of money is incurred by the Executive Branch of the State is not in accord with any provision of the Constitution and accordingly is unconstitutional, null and void.
“A declaration that it is not lawful for the Defendants to represent or continue to represent to the public that the claimant, Akinwunmi Ambode, procured 820 buses in breach of budgetary approval.
“A declaration that the powers of the 1st Defendant under sections 103, 128 and 129 of the Constitution of the Federal Republic of Nigeria, 1999 as amended does not include power to indict the Claimant as contemplated by sections 66(1)(h), 137(1)i and 182(1)i of the Constitution of the Federal Republic of Nigeria 1999, as amended.
“An injunction restraining the defendants whether by themselves, their servants, agents and or representatives from compelling the claimant, in any manner whatsoever, to appear before the defendants pursuant to the resolution passed by the Defendants on 27th August 2019 or any other Resolution passed in respect of the subject matter of this Suit.
“An injunction restraining the defendants whether by themselves, their servants, agents and or representatives from representing or continue to represent to the Public that the Claimant, Akinwummi Ambode, procured 820 buses in breach of budgetary approval.”
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