The Ekiti State House of Assembly member-elect for Ado Constituency 1, Hon Toyin Obayemi, has filed a contempt suit against the Speaker, Hon Kola Oluwawole for disobeying a court order to swear him in.
An Ado Ekiti Federal High Court in a judgment delivered on July 4 by Justice Taiwo Taiwo sacked Musa Arogundade as the lawmaker representing the constituency and ordered that Obayemi be sworn in immediately having been found to be the lawful candidate for the April 11 House of Assembly election
Obayemi’s lawyer, Olayinka Sokoya, said the Speaker risks being committed to prison for holding the court of law in contempt by declining to admit his client as an assembly member.
Speaking with newsmen yesterday, Sokoya claimed that barely a month after being sacked from the state parliament by the court, Arogundade is still performing legislative functions including sitting in the hallowed chambers.
He said: “The action of the House of Assembly and the Speaker is a flagrant disobedience to the valid order of a court of competent jurisdiction and if a court gives a declaratory order, you must comply with the order even if you are not satisfied with it.
“The Speaker will explain to the court and show cause why he should not be committed to prison for contempt of court and willful disobedience of an order of the court. We are not in a state of nature, we are being governed by the rule of law.
“What happened at the House on Tuesday was a show of shame and nobody can be above the law. We are not folding our arms as we have proceeded to the court to file contempt proceedings against the Speaker.
“If Arogundade wants to go on appeal, he has the legal right to do so but the (July 4) order was a declaratory order, it cannot be stayed; it must be complied with immediately and this man is still sitting in the House contrary to the court order that he must vacate the seat immediately for Obayemi.
“Obayemi is still a card-carrying member of the PDP and Governor Ayo Fayose should lead by example by prevailing on the Speaker and other members to obey the court order. The court has pronounced him (Obayemi) winner the governor should welcome him and congratulate him. This is not the time for the governor to be saying ‘this one will be loyal to me and that one will not be loyal me.’
“I also want to place it on record that my life and that of my client are being threatened. Some people are issuing threats to us through anonymous phone calls. We are calling on security agencies to come to our aid and save our lives.”