Speaker, others summoned by court
By Olasunkanmi Akoni
Barely 24 hours to the expiration of the summon by Lagos State House of Assembly for ex-Governor of the state, Akinwunmi Ambode to appear before it, a Lagos High Court sitting in Ikeja, Tuesday, has ordered the Speaker of the State Assembly, Mudashiru Obasa, to appear before it in connection with the ongoing probe of procurement of 820 buses by the administration of Ambode.
The former Governor had instituted a suit against the Assembly to contest the constitutionality of the probe of the buses which were procured based on budgetary approval as part of the Bus Reform Project of the State Government designed to revolutionize public transportation in line with global best practices.
In an order dated 29th October 2019 issued by Justice Y. A Adesanya after hearing a motion ex-parte moved by Ambode’s lawyer, Tayo Oyetibo (SAN), other defendants ordered to appear before the court by 9 am on Wednesday, October 30. Those to appear are: House Clerk, Mr A.A Sanni; Chairman of the Ad hoc Committee set up by the House to probe the procurement, Fatai Mojeed, while members of the Committee are: Gbolahan Yishawu, A.A Yusuff, Yinka Ogundimu, Mojisola Lasbat Meranda, M.L Makinde, Kehinde Joseph, T.A Adewale and O.S Afinni.
In a statement by a group loyal to Ambode, under the umbrella of “Itesiwaju Eko Foundation” made available to Vanguard, stated that Adesanya ordered the originating processes and all the accompanying processes filed by the claimant (Ambode) to be served on the defendants and subsequently fixed Wednesday, October 30, 2019, for hearing of motion for interlocutory injunction.
According to his statement of claim before the court, Ambode said contrary to deliberate misrepresentation of facts by the lawmakers, the procurement of the 820 buses was well captured in the 2018 Appropriation Law which was duly approved by the House.
“In section 1 of the Bill, the 1st Defendant (House of Assembly) authorised the total Budget for the year 2018 to be N1,046,121,181,680.00, comprising the sum of N347,038,938,872.00 only and N699,082,242,808.00, only as of the Recurrent and Capital Expenditures respectively.
“Part of the items authorised by the Bill under Capital Expenditure was: “LAGBUS Public Transport Infrastructure (MEPB); Part financing of 820 buses” which was item 8 under schedule 1- Part C of the Bill,” the former Governor claimed.
He added that having prescribed the manner of withdrawal of funds in sections 3 and 4 of the 2018 Appropriation Law, it was unconstitutional for the House to attach another condition in section 9 of the law for further approval to be sought before incurring any expenditure on the purchase of the buses.
Highlighting the specific breach of his constitutional rights to fair hearing by the House, Ambode said on August 27, 2019 during proceedings of the Assembly, some lawmakers thoroughly vilified and disparaged him as having purchased the buses without budgetary approval and that the procurement was a waste of public funds, while at the end of the proceedings, the House resolved to constitute an Ad Hoc Committee to probe the procurement.
He said it was surprising that the very lawmakers who contributed actively in vilifying, disparaging and denigrating him constituted the bulk of the members of the Committee, which was a clear derogation of his right to a fair hearing.
Ambode added that in continuation of deliberate misrepresentation of facts of the issue, the House falsely claimed that an invitation had been extended to him to appear before the Committee but that he failed to honour the said invitation.
“On Thursday 10th October, 2019, the 4th and 5th Defendants (Mojeed and Yishawu) who are Chairman and member of the Committee respectively set up by the 1st Defendant pursuant to the provisions of section 129 of the Constitution again raised on the floor of the House an allegation that the Claimant (Ambode) was invited to appear before the Committee but that he failed to do so whereupon the 2nd Defendant (Speaker) ruled that a warrant of arrest would be issued against the Claimant if he refuses to appear before the Committee.
“The Claimant states that no letter of invitation was delivered to him before the 4th and 5th Defendants made the false allegation against the Claimant which was widely reported by various national newspapers in the country.
“Further to the foregoing paragraphs, the 1st Defendant had also invited some of the former Commissioners who served under my Government to appear before the 1st Defendant on Tuesday 15th October 2019. These included former Commissioners for Energy, Agriculture and Economic Planning and Budget respectively amongst others.
“After the proceedings of the Committee on 15th October 2019, the 1st Defendant represented to the public that the former Commissioners that appeared before it had indicted me in their testimonies. The information was widely published by national newspapers on Wednesday 16th October 2019.
“Contrary to the information made to the public by the 1st Defendant, the said former Commissioners for Energy and Economic Planning and Budget who were represented by the 1st Defendant to have indicted me, made public statements on Thursday 17th October 2019 denying that they ever indicted me in their testimonies before the Committee. The denials were widely published by online newspapers on Thursday 17th October 2019 and national newspapers on Friday 18th October 2019.
“The 1st Defendant falsely represented to the public that the said Commissioners indicted me in their testimonies before the Committee so as to justify my indictment by the 1st Defendant which indictment members of the 1st Defendant had hitherto threatened to carry out,” Ambode claimed.
He added that the House Committee and indeed the entire members of the House had already adjudged him as having committed wastage of public fund by the procurement of the buses in question and had also already determined that the procurement was done by him as opposed to the State Government.
He said it was obvious that the lawmakers were totally biased against him having regard to their pronouncements on the floor of the House by reason of which he believes that his right to fair hearing as guaranteed by the Constitution had been seriously compromised by the defendants.
He, therefore, sought among others, the court’s declaration that the power of the House to pass a resolution under section 128(1) of the Constitution to cause an inquiry into his conduct as Governor is subject to the right to fair hearing as guaranteed by section 36(1) of the Constitution.
He also wanted a declaration that the Resolution of the House setting up a 9-Man Committee comprising of the 4th-12th Defendants to investigate all transactions in respect of the 820 Buses said by the defendants to have been procured by him derogates from his right as guaranteed by section 36(1) of the Constitution and therefore is unconstitutional, null and void.
Other claims are: “A DECLARATION that having regard to the provisions of sections 1, 2, 3 and 4 of the Appropriation Law of Lagos State 2018, sections 8 and 9 of the Law which required the approval of the House of Assembly of Lagos State before certain expenditure of money is incurred by the Executive Branch of the State is not in accord with any provision of the Constitution and accordingly is unconstitutional, null and void.
“A declaration that it is not lawful for the Defendants to represent or continue to represent to the Public that the Claimant, Akinwunmi Ambode, procured 820 buses in breach of budgetary approval.
“A declaration that the powers of the 1st Defendant under sections 103, 128 and 129 of the Constitution of the Federal Republic of Nigeria, 1999 as amended does not include power to indict the Claimant as contemplated by sections 66(1)(h), 137(1)i and 182(1)i of the Constitution of the Federal Republic of Nigeria 1999, as amended.
“An injunction restraining the Defendants whether by themselves, their servants, agents and or representatives from compelling the Claimant, in any manner whatsoever, to appear before the Defendants pursuant to the Resolution passed by the Defendants on 27th August 2019 or any other Resolution passed in respect of the subject matter of this Suit.
“An injunction restraining the Defendants whether by themselves, their servants, agents and or representatives from representing or continue to represent to the Public that the Claimant, AKINWUNMI AMBODE, procured 820 buses in breach of budgetary approval.”
However, a sequel to his latest court move, it was gathered that the embattled former Governor who had deliberately been absent in the public space has been secretly reaching out to some top politicians in the country including influential governors in a bid to stop the powerful force after him to account for alleged financial misdemeanours.
The force which is bent on crushing Ambode like a moving train has remained adamant to probe Ambode but promised to give a soft landing for the ex-Governor who was accused to have ruled as emperor while in power.
According to a source, Ambode, recently, held secret meetings with power brokers in the country to intervene on his behalf and save his face from daunting embarrassment and shame.
While some of the influential personalities agreed to intervene on the need to stop the probe, others were said to have advised Ambode to honour the Assembly’s summon and clear his name.