TheCable

Lucky Aiyedatiwa, Ondo state deputy governor, has asked Olusegun Odusola, chief judge of the state, not to set up a panel to investigate him as requested by members of the assembly.

The state assembly has commenced an impeachment process against the deputy governor over allegations of abuse of office.

The assembly had on Tuesday issued a fresh directive to the chief judge to “immediately” set up a seven-man panel to investigate Aiyedatiwa.

In a letter addressed to the chief judge, Aiyedatiwa, through his lawyer, Ebun-Olu Adegboruwa, faulted the impeachment process.

Adegboruwa said the assembly breached section 188 (2) of the 1999 Constitution by failing to serve a notice of impeachment proceedings on Aiyedatiwa personally before commencing the process.

The senior lawyer also said the constitution allows the assembly to sit only two times in the course of removal proceedings.

“In this case, the assembly has already convened its full plenary and conducted proceedings on the notice at least twice, in respect of the planned removal of the deputy governor; first on 20th September 2023 and again on 3rd October 2023,” he said.

“That being the case, the house has no jurisdiction to convene any further proceedings in respect of the planned removal, having exhausted the two sittings allowed under section 188 of the Constitution.

“Upon proper examination, the notice presently in circulation is not a document of the house of assembly of Ondo state, properly so-called.

“When My Lord probes the said Notice, it will be discovered that only the cover letter from the speaker of the assembly and the signature page bears the insignia and authority of the Ondo state house of assembly. 

“The alleged notice itself is not a document emanating from the house of assembly of Ondo state, being a document foreign to the said assembly.”

He also drew the attention of the chief judge to the order of an Abuja federal high court which restrained the governor, the state assembly or any other person from taking further steps towards Aiyedatiwa’s impeachment pending the determination of the main suit.

Adegboruwa added that the chief judge should also take notice of another suit filed by his client before a high court in Akure.

“In line with the valid and subsisting order of the federal high court, Abuja and in the best traditions of due regard for due process of law and respect for the authority of the court, we humbly urge my lord to disregard any motion, letter, application or request from the Ondo state house of assembly, for the constitution of any panel of investigation in respect of the deputy governor of Ondo state, until the two pending cases are fully decided by the various courts with jurisdiction over them,” he said.