Court nullifies suit filed by Oyo deputy gov over his impeachment

• Judge says case purely legislative, not judicial
• Olaniyan heads to Appeal Court

An Oyo State High Court sitting in Ibadan, yesterday, dismissed a suit filed by Deputy Governor of the state, Rauf Olaniyan, over move by the state House of Assembly to impeach him.

The trial judge, Ladiran Akintola, ruled that the originating summon filed by the claimant was purely legislative and not judicial in line with the 1999 Constitution of Nigeria (as altered).

He held that the lawmakers and all the defendants did not err on the impeachment process. Besides, the court, which noted that the lawmakers substantially complied with the provisions of Section 188 of the constitution on the removal process, urged the lawmakers to continue with the impeachment proceedings.

“There is nowhere that the Speaker is involved as an initiative, but an administrative. The issues raised by the claimant against the defendants are resolved against the claimant.

“No proceedings of the House can be entertained in any court, therefore, the claimant’s case is, accordingly, dismissed,” the judge said.

MEANWHILE, Olaniyan had through his counsel, Afolabi Fashanu (SAN), jointly sued the state House of Assembly; the Speaker, Mr. Adebo Ogundoyin, and the Clerk over the impeachment process initiated against him.

He prayed the court to grant the originating summons, saying that the allegation of misconduct against Olaniyan was vague and without particulars according to Section 188 of the 1999 Constitution.

The claimant’s counsel argued that an impeachment was a process and all the items listed in the constitution should be strictly followed.

BUT reacting to the judgment yesterday, Fashanu said he was dissatisfied with it and had, therefore, filed an appeal.

“We have appealed for an order of injunction restraining the respondents from enforcing or implementing the judgment,” he said.

“This is pending the determination of the appeal lodged against the said judgment,” he said.