TheCable

Lucky Aiyedatiwa, deputy governor of Ondo, has asked an Akure high court to stop the house of assembly from proceeding with the impeachment move against him.

In a suit filed at the court on Monday, Aiyedatiwa asked for an order of the court to stop the state assembly from initiating, continuing or proceeding with the process of his removal from office.

The suit was filed on his behalf by Ebun-Olu Adegboruwa, a senior advocate of Nigeria (SAN).

Named as defendants in the suit are the Ondo state government, the governor of the state, Ondo house of assembly, the speaker of the state house of assembly, the clerk of the house and the chief judge of Ondo.

The deputy governor sought a declaration that the house of assembly is not competent to proceed with the impeachment move against him because his right to a fair hearing was breached.

According to the court document, the  Aiyedatiwa averred that his office, tenure, status, rights and privileges “are protected, secured, guaranteed, governed and regulated under and by the relevant provisions such as sections, 188, 189, 190 and 191 of the Constitution, Federal Republic of Nigeria, 1999 (as amended)” and should not be hindered “except and in a manner permitted by law”.

He also requested the court to declare that no step should be taken against him without a fair hearing.

The deputy governor is also seeking an order to stop the chief judge of Ondo from accepting or acting upon any request from the house of assembly to set up any panel to investigate any acts of gross misconduct against him.

He wanted the court to declare that as the deputy governor of Ondo, he “is entitled to the rights and privileges attached to his office, including but not limited to his media details and other aides attached to his office”.

He said the dismissal of all the media aides and press crew attached to his office without prior notice “is unreasonable, vindictive, malicious, unconstitutional, illegal” and should be declared “null and void”.

Aiyedatiwa was further seeking “a declaration that as a democratically elected deputy governor of Ondo state in a joint ticket with the 2nd defendant (governor of the state), the claimant (Aiyedatiwa) is entitled to remain in office as such, freely exercise his rights and discharge his constitutional duties as deputy governor of Ondo state within the full time allocated to the office by the constitution, Federal Republic of Nigeria, 1999 (as amended)”.

“A declaration that the 3rd-5th defendants are not entitled to constitute themselves into investigators, prosecutors and judge over trumped-up allegations against the claimant in relation to his office, tenure and status as the deputy governor of Ondo state,” the court document reads.

“An order forthwith reinstating/restoring the full and total rights and privileges attached or accruing to the office of the Claimant as duly elected deputy governor of Ondo state which include, but not limited to the restoration of all media aides and press crew attached to the office of the claimant as deputy governor of Ondo state.”

IMPEACHMENT NOTICE SERVED BY SUBSTITUTED SERVICE

Earlier on Monday, the state house of assembly served an impeachment notice to the deputy governor.

Olamide Oladiji speaker of the house, told journalists in Akure, that Aiyedatiwa was served through substituted service.

The assembly had on Wednesday during a plenary session, directed the clerk to write the deputy governor on alleged gross misconduct.

Oladiji said “since Wednesday 20th, we have been trying our best to see how we can get him served, but we were not able to achieve that, now we have to go through the court”.

“We got an affidavit from the court through substituted service, so he has been served through his office. It was received by his secretary,” he added.

“Although there are people sending me messages to suppress me, I am not under any pressure, except the threats. This is a legislative assignment.