Tag: Ekiti Speaker

•Court gets letter from Ozekhome

A Federal High Court sitting in Ado-Ekiti, the Ekiti State capital, has insisted that House of Assembly Speaker Kola Oluwawole must appear before it on December 7.
This followed his refusal to obey the order to swear in lawmaker-elect Toyin Obayemi.
At the court’s resumed sitting yesterday, Justice Taiwo Taiwo ruled that the Speaker must comply with his order to inaugurate Obayemi as the member representing Ado Ekiti Constituency I, which was delivered on July 4.
Obayemi is pressing a contempt charge against Oluwawole for disobeying the court order that he (Obayemi) be sworn in to replace Musa Arogundade who was removed by the Court and ordered to refund all salaries and allowances collected since June 5 when the Fifth Assembly was inaugurated.
The court nullified Arogundade’s election and ordered the Independent National Electoral Commission (INEC) to issue Obayemi a Certificate of Return holding that the latter was not validly nominated by the Peoples Democratic Party (PDP) for the April 11, last year House of Assembly election.
The court also held that Arogundade was never qualified to stand as a candidate on the grounds that he fraudulently obtained an Abuja Federal High Court order to validate his candidacy.
The judge said court records showed the Speaker has been served Form 49, a notice of why he (Oluwawole) should not be committed to prison for disobeying the order of the court.
Obayemi’s counsel Olayinka Sokoya told the court that he received a letter from the law chambers of Mike Ozekhome, dated November 18, a day after the last day of sitting.
Sokoya explained that Ozekhome is seeking to represent Oluwawole and praying the court for an adjournment of the case.
But Justice Taiwo maintained that the proper thing must be done and the court order must be obeyed by the Speaker.
He adjourned the case till December 7.
After adjourning, Justice Taiwo said: “The Speaker must obey the order of this court. The proper things should be done. For the avoidance of doubt, the Speaker should consult with his counsel against the next adjourned date, most especially as court record shows that he has been served.
“I will never be intimidated by anybody, somebody was here before. Even if I die the Bench lives on.”

A Federal High Court sitting in Ado-Ekiti has summoned the Ekiti State House of Assembly Speaker, Kola Oluwawole, for allegedly disobeying its order to swear in Toyin Obayemi as the lawmaker for Ado 1.

The court has ordered Oluwawole to appear on November 17 and explain why he should not be committed to prison for contempt of court.

The contempt charge was contained in Form 48 issued by the Federal High Court, Ado-Ekiti, which was made available to our reporter yesterday and signed by the court’s Senior Registrar and Obayemi’s counsel, Olayinka Sokoya.

The Form 48 was marked FHC/AD/CS/17/2015 was entitled: “Notice of Consequence of Disobedience of Order of Court.”

It reads: “Take notice that unless you comply with the judgment of this honourable court delivered on this case on July 4 by Justice Taiwo Taiwo, you will be guilty of contempt of court and will be liable to be committed to prison.”

The Nation gathered that Oluwawole was served with the contempt charge on Wednesday at the Assembly complex.

The court in a judgment delivered by Justice Taiwo Taiwo on July 4 sacked Musa Arogundade as the Assembly member representing Ado Constituency 1 and ordered that Obayemi be sworn in immediately having been found to be the valid candidate for the April 11, 2015 State Assembly election.

Ekiti State House of Assembly Speaker Adewale Omirin and 18 other members have sued Governor Ayo Fayose at the Federal High Court in Lagos for preventing them from performing their duties.

Joined in the suit are the Inspector-General of Police Suleiman Abba, the Department of State Security Services (DSS), and the purported “speaker”, Dele Olugbemi.

Olugbemi was “elected” by seven Peoples Democratic Party (PDP) members after they claimed to have “impeached” Omirin.

Also joined as defendants are members loyal to Olugbemi, namely Samuel Ajibola, Adeojo Alexander, Adeloye Adeyinka, Isreal Ajiboye, Fatunbi Olajide, Olayinka Abeni and the Commissioner of Police in Ekiti.

Three commissioners purportedly cleared by the House under Olugbemi, namely Oweseni Ajayi (Attorney-General), Kayode Eso (Works) and Toyin Ojo (Finance) were also joined as defendants.

The plaintiffs, in their originating summons, are praying the court to declare as unconstitutional and illegal the “election” of Olugbemi as “speaker”, among others.

Yesterday, Justice Saliu Saidu granted the plaintiffs leave to serve the originating summons and all other processes on Olugbemi, Fayose, Abba and Ojo outside the court’s jurisdiction and by substituted means.

The judge made the order, following an ex-parte application moved by the plaintiffs’ counsel, Moyosore Onigbanjo, led by Morrison Quakers (SAN).

In a supporting affidavit, Omirin, who was elected as Speaker on June 6, 2011, said a team of policemen positioned at the House of Assembly on November 17, prevented him from gaining access to his office.

“I proceeded to my office as usual but was denied entry by the commanding officer who stated that he had me listed as an All Progressives Congress (APC) member on a list he was holding and was instructed not to grant me entrance into the premises of the House of Assembly that day,” he said.

The Speaker said the situation persisted the following day. In addition to being denied access to his office again, his aides were recalled. Electricity supply to his lodge was cut off. Allowances afforded him by virtue of his office were stopped.

“I was unconstitutionally and illegally stripped of my rights, privileges and paraphernalia of office from November 18 till date.

“Each of the plaintiffs has had the same actions meted out to them within the same period,” the Speaker said.

The other plaintiffs are Adetunji Orisalade; Churchill Adedipe; Isaac Ajayi; Olajide Alabi; Kayode Fasakin; Olaniyi Olajide; Gabriel Ogundele; Olubunmi Oriniowo; Omowumi Ogunlola; Clement Adu; Peter Agidi; Ojo Ogunrinde; Ayodeji Odu; Samuel Erinle; Ahmed Shittu; Israel Daramola; Odebunmi Olabode and Bolics Boluwade.

Besides, the Speaker said the bank accounts of the House were frozen, while they have been prevented from playing their constitutional legislative roles.

“As a result of these actions of the defendants, no valid and constitutional legislative functions have been conducted in the Ekiti House of Assembly since November 17,” the plaintiffs said.

Justice Saidu adjourned till December15.