The Oyo State High Court in Ibadan yesterday dismissed the suit by Deputy Governor Rauf Olaniyan challenging the procedures adopted by the House of Assembly to remove him from office.
Justice Ladiran Akintola ruled that the lawmakers and all the defendants have not erred on the procedures taken.
According to him, the process of removal of one from an office and originating summons filed by the claimant were purely legislative and not judicial according to the 1999 constitution. He said the role of the speaker was administrative in the constitution, while the allegations were clear enough for the claimant to understand.
Akintola said he validated the process initiated by the House of Assembly, having carefully considered the originating summons, counter affidavits by the defendants, written addresses and others.
He said: “There is no where that the speaker is involved as an initiative but an administrative; the issue raised by the claimant against the defendant are resolved against the claimant.
“No proceedings of the House can be entertained in any court, therefore the claimant’s case is accordingly dismissed.”
But not satisfied with the judgment, Olaniyan immediately filed an appeal at the Appeal Court, less than one hour after the judgment was delivered. His lawyer, Chief Afolabi Fashanu, said his client has filed a notice of appeal and an application for stay of execution of judgment. He hoped the Chief Judge would consider the notice of appeal and application for the stay of execution before setting up the seven-man investigation panel as directed by the House of Assembly.
He said: “We have taken the next line of action. We have filed a notice of appeal and stay of execution of the judgment. Our prayers before the court, through the application, are for the court to stay the enforcement and execution of the judgment pending the reservation of the appeal that we have filed.
“The Chief Justice is a law abiding citizen, I believe he is someone who has respect for the rule of law, so he should await the decision for the application of story of execution.”
The defendant’s lawyer, Kunle Kalejaiye, however said the court only restated the position of the law on the matter, adding that the issue of removal is a legislative affair and when the court can only step in is if the legislature steps out of the constitutional provisions.
Kalejaiye said: “There are eight steps to be taken in the removal, there is nothing known as impeachment under our laws, it is only removals. So, there are eight steps to be taken and it is only the first step that has been taken. It is incorrect to refer to removal of a governor or a deputy as criminal proceedings, it is not. There are steps established under the constitution for parties to be heard, and we will ensure that nobody is denied his constitutional right.
“The court has spoken; the House of Assembly moves ahead. The House of Assembly has been approved to have done the right thing by the claimant…”
Recall that Olaniyan had, through his counsel, Chief Fashanu (SAN) had dragged the state House of Assembly; the Speaker, Mr Adebo Ogundoyin and the Clerk to court over the impeachment move against him by the lawmakers.