By Samuel OYADONGHA, Yenagoa
A Yenagoa High Court presided over by Justice Naye Aganaba yesterday adjourned to June 18, 2010, hearing in the case instituted against the Bayelsa State House of Assembly by the embattled deputy governor Peremobowei Ebebi.
The deputy governor had dragged the Speaker of the Assembly,Werinipre Seibarugu and others to court seeking to stop the seven man panel from probing the alleged gross misconduct leveled against him by the state legislature pending the determination of the suit.
The court said that it would not take ex-parte application, but rather put them on notice.
According to the court, parties should be served all the processes and come back next Friday to argue for the motion on notice.
Meanwhile, the deputy governor has described the constitution of a seven man panel to investigate alleged gross misconduct against him as directed by the State House of Assembly as fundamentally defective.
Ebebi said he had not been served the purported notice of impeachment by the Assembly just as most members of the legislatures have not received any notice.
In a suit No YHC/201/2010, dated June 10th 2010, the deputy governor instituted against the Speaker of the House and others in which he copied the state Chief Judge he described the impeachment procedure as alien and unknown to section 188 of the federal constitution of Nigeria.
Counsel to the deputy governor, Kemasuode Wodu, in a petition to the Chief Judge stated, â€œthe process by which the purported attempt to remove our client from office culminating in the resolution directing your lordship to constitute the said panel of seven persons is fundamentally defectiveâ€.
The statement added that, the Supreme Court has confirmed that the entire concept of impeachment is unknown to the said section of the constitution.
He noted that his client was not satisfied with the aforesaid activities of the state House of Assembly on the Notice of Impeachment and called on the state Chief Judge as the chief custodian of the rule of law in the state to stay action in respect of the appointment, constitution and inauguration of the seven man panel of investigation pending the determination of the suit in the court.
The Bayelsa State House of Assembly had June 1, 2010 served a Notice of Impeachment on the Deputy Governor, Hon Peremobowei Ebebi signed by seventeen lawmakers of the Assembly and directed the Clerk of the House to serve same to all members.
The house also last Tuesday directed the state Chief Judge, Justice Kate Abiri to constitute a seven man panel to investigate the alleged gross misconducts listed against him.