A Court of Appeal sitting in Akure, Ondo State capital on Tuesday reinstated Hon. Iroju Ogundeji as the Deputy Speaker of the State House of Assembly.
In a unanimous decision, Justices Oyebisi Omoleye, Frederick Oziakpono-Oho and Yusuf Bashir upheld the judgment of Justice Akintan Osadebey that reinstated Ogundeji.
The State Assembly had in 2020 suspended Ogundeji, who represented Odigbo Constituency 1 in the House as a member and eventually removed him as the Deputy Speaker.
Ogundeji, through his lawyer, Oluwanike Omotayo Esq, approached the court for the nullification of his suspension as a lawmaker and removal as the Deputy Speaker.
Omotayo told the court that the decision of the Assembly was a nullity since the purported impeachment did not follow the constitutional requirements.
The counsel added that the purported removal of Ogundeji contravened Order Two, Section 9 (1-10) of the rules and standing order of the State House of Assembly, saying the law required a two-thirds majority of the members before any of the principal officers of the Assembly could be impeached.
Justice Osadebey, in her judgment, ordered the reinstatement of Ogundeji as the Deputy Speaker of the Assembly.
The court described as illegal, null and void, the purported removal of Ogundeji as the Deputy Speaker on November 24, 2020, by some members of the Assembly.
Moreover, the judge ruled that Ogundeji was not given a fair hearing as the purported impeachment had been carried out before the Assembly set up a panel to investigate him.
Also, the Judge said there was no parliamentary resolution before the purported impeachment was carried out and that not all members were present during the impeachment as required by the rules of the Assembly and the 1999 constitution.
The court further held that the signing of parliamentary meeting attendance was not tantamount to consent as nine out of the 26-member Assembly dissociated themselves from the purported impeachment.
Subsequently, the court ordered Ogundeji to be reinstated and all his entitlements paid up-to-date while his paraphilia of office should be restored immediately, just as the appointment of Aderoboye was described as a nullity.
Justice Osadebey then awarded N10 million as damages for the humiliation suffered by the lawmaker during his purported impeachment and suspension.
Not satisfied with the lower court’s verdict, the Assembly, through the then Attorney General and Commissioner for Justice, Titiloye Charles, appealed the judgment.
In his appeal, Titiloye said the trial court lacked jurisdiction to hear the suit, having not complied with the mandatory provision relating to pre-action notice.
The Court of Appeal ruling dismissed all the legs of the Assembly’s appeal and ordered Ogundeji be paid all his entitlements as a lawmaker and as the Deputy Speaker of the ninth Assembly.
