The Lagos High Court sitting in Ikeja has ruled that the removal of the reinstated Speaker of the State House of Assembly, Mudashiru Obasa, was illegal, unconstitutional, and null and void.
In a judgment delivered on Wednesday, the court also annulled the proceedings and resolutions of the House held on January 13, 2025, which led to Obasa’s ousting.
Trial judge, Justice Yetunde Pinheiro, awarded N500,000 in damages for the unlawful removal of Obasa and the psychological distress he endured as a result.
Obasa had filed a suit against the House of Assembly and the newly appointed Speaker at the time, Mojisola Meranda, challenging the legality of his removal. In the suit, filed on February 12, 2025, by his counsel, Senior Advocate of Nigeria Afolabi Fashanu, Obasa argued that his removal by 36 lawmakers occurred while the Assembly was on recess and he was out of the country. He contended that the process was unlawful, as the sitting was held without the Speaker’s authority or any formal delegation of power.
In a judgment that lasted approximately three hours, Justice Pinheiro first dismissed preliminary objections questioning the competence of the suit, ruling that non-compliance with pre-action notices did not render the suit invalid.
On the objection regarding the court’s jurisdiction to review the proceedings of the State House of Assembly, the judge affirmed that courts can intervene when constitutional provisions are violated during such proceedings. Citing cases such as Usman v Kaduna State House of Assembly, Agbaso v Imo State, and Rivers State House of Assembly v Government of Rivers State, the judge stated that courts have the authority to step in when there are gaps in constitutional provisions or when house rules have not been properly followed.
The court agreed with Obasa that the issues raised were questions the court could adjudicate upon. Justice Pinheiro emphasized that the case centered on the constitutionality of the procedure followed by the Lagos House of Assembly during Obasa’s removal, specifically whether due process was adhered to.
Relying on the rules of the House of Assembly, the court noted that only the leadership of the House has the authority to call for a meeting, and that the Chief Whip does not hold such authority. The court further observed that under Order 7 of the House’s rules, a clear hierarchy exists, and Rule 30, which pertains to the Chief Whip, does not grant such powers.
The court concluded that any actions taken to reconvene the Assembly after it had been adjourned indefinitely were invalid, regardless of the majority vote in favor of the meeting. Ultimately, the court held that the defendants could not lawfully remove the Speaker without adhering to Order 2, Rule 9 of the Lagos State House of Assembly Rules. As a result, the judge set aside the purported sitting, the removal of Obasa as Speaker, and the installation of Mojisola Meranda as the new Speaker.
