The Oyo State High Court in Ibadan set Wednesday July 26 for sentencing in a lawsuit brought by Rauf Olaniyan, the state’s deputy governor, challenging the impeachment process brought to him by the state House of Assembly.
Judge Ladiran Akintola adjourned the case for sentencing after submission of written addresses and responses to the original summons and affidavits from the parties.
Olaniyan had filed a joint lawsuit against the state House of Assembly; the Speaker, Adebo Ogundoyin, and the Secretary of the Chamber on the impeachment process against him by the legislators.
On Tuesday, the judge postponed the hearing of the matter until Wednesday to allow the plaintiff’s lawyer, Afolabi Fashanu (SAN), to respond to the interlocutory injunction and the summons of origin of the defendant.
Fashanu had filed a request for the court to stop the House from taking action to impeach the lieutenant governor.
He prayed that the court would grant the original summons, saying the misconduct charge against Mr. Olaniyan was vague and lacking in detail, under Section 188 of the 1999 constitution.
Fashanu said: “An impeachment trial is a process and all the elements listed in the Constitution must be strictly followed.”
Furthermore, the defendants’ lawyer, Kunle Kalejaiye (SAN), said that the removal of the lieutenant governor under the 1999 Constitution was a legislative constitutional matter outside the court’s jurisdiction.
Mr. Kalejaiye argued that the notice provided by the claimant lacked details and that the submission was untenable, implying that the claimant did not understand the allegations against him.
“The removal of Olaniyan is not a criminal trial, the plaintiff rushed in and yelled foul when no foul has been committed.
“Therefore, the court must dismiss the summons originated by the plaintiff,” he stated.
NAN reports that earlier, a member of the Oyo State House of Assembly, Lateef Adebunmi, from the Oorelope State constituency, through his lawyer, Sunday Aborisade, applied for court authorization through an application to join as a party to the case.
Mr. Fashanu moved against the request on the point that he is a member of the House, who had already joined the lawsuit.
Mr. Kalejaiye begged the court to grant the request.
Speaking on the request, Mr. Akintola said that the interest of the legislator, who submitted the request, had already been served in the lawsuit.
He said granting the request would set back the proceedings.
Mr. Akintola, therefore, dismissed the request for consolidation in the lawsuit.
While the court was still sitting, Mr. Fashanu told the judge that the House of Assembly had ordered the chief judge, Munta Abimbola, to set up a seven-man panel to investigate the allegations against Mr. Olaniyan.
In response, Mr. Akintola replied that he was out of the case before him.
Lawmakers had launched impeachment proceedings against the deputy governor, accusing him of financial imprudence, gross misconduct and insubordination, among other charges, following Mr. Olaniyan’s defection from the PDP to APC. (YAYA)