The Court of Appeal in Akure, the Ondo State capital, has reinstated Hon. Iroju Ogundeji as the Deputy Speaker of the State House of Assembly, one year after the end of his previous term.
In a unanimous ruling, Justices Oyebisi Folayemi Omoleye, Frederick Oziakpono-Oho, and Yusuf Alhaji Bashir affirmed the decision made by Justice Akintan Osadebey, which reinstated the two-term legislator representing the Odigbo state constituency.
Previously, the Assembly, led by former Speaker Hon. David Bamidele Oleyeloogun, had suspended Ogundeji from his role and subsequently removed him from the position of Deputy Speaker.
During the remainder of his term, Ogundeji served while under suspension.
Dissatisfied with this outcome, Ogundeji, through his attorney, Oluwanike Omotayo Esq, sought judicial intervention to annul both his suspension as a lawmaker and his removal from the Deputy Speaker position.
Omotayo argued before the court that the Assembly’s actions were invalid, as the impeachment process did not adhere to constitutional protocols.
The counsel further contended that Ogundeji’s removal violated Order Two, Section 9 (1-10) of the State House of Assembly’s rules and standing orders, which stipulate that a two-thirds majority is required for the impeachment of any principal officer.
In her ruling, Justice Osadebey mandated Ogundeji’s reinstatement as Deputy Speaker, declaring the Assembly’s actions on November 24, 2020, as illegal, null, and void.
The judge emphasized that Ogundeji had not been afforded a fair hearing, noting that the impeachment proceedings were conducted prior to the establishment of a panel to investigate the matter.
This procedural misstep was likened to putting the cart before the horse, and the judge concluded that the claimant had not been properly served with the impeachment notice, rendering the proceedings a nullity.
The Judge noted that there was no parliamentary resolution prior to the alleged impeachment and that not all members were present during the process, which is a requirement under the Assembly’s rules and the 1999 constitution.
The court further determined that merely signing the attendance sheet for the parliamentary meeting did not equate to consent, as nine out of the 26 members of the Assembly distanced themselves from the alleged impeachment.
As a result, the court-mandated the reinstatement of Ogundeji, with all his entitlements to be paid in full and his office privileges restored immediately, while the appointment of Aderoboye was deemed invalid.
In addition, Justice Osadebey awarded N10 million in damages for the humiliation experienced by the lawmaker during the alleged impeachment and suspension.
Dissatisfied with the lower court’s ruling, the Assembly, represented by the then Attorney General and Commissioner for Justice, Titiloye Charles, filed an appeal against the decision.
In his appeal, Charles contended that the trial court lacked the jurisdiction to adjudicate the case due to non-compliance with the necessary pre-action notice requirements.
Nevertheless, the appellate court rejected all aspects of the Assembly’s appeal and ordered that the lawmaker receive all his entitlements as both a lawmaker and the Deputy Speaker of the Ninth Assembly.