— Why I can’t set up probe panel – Chief Judge

— Adopt doctrine of necessity to Human Right Lawyer tells assembly members

By Dayo Johnson, Akure

Ondo State House of Assembly has declared that it would not deviate from the dictates of the constitution in it’s bid to probe allegations of gross misconduct levelled against the embattled deputy governor, Hon Lucky Aiyedatiwa.

The Majority leader of the assembly, Hon Oluwole Ogunmolasuyi, said this in Akure following the decline by the state chief judge, Justice Olusegun Odusola, to set up a probe panel to investigate the allegations again Aiyedatiwa.

Recall that the Chief Judge had cited an interim order by the Abuja Federal High court as reason for declining to carry out the directive of the assembly.

Reacting further on the Chief Judge decision, Ogunmolasuyi said that the ex parte order served on the Chief Judge will not stop the Assembly from doing its work.

” The ex parte order was supposed to have expired on Tuesday but we will still take a look at it.”

The Majority Leader said the Assembly would surely follow due process and obey the laws of the land.

” Section 188 of the 1999 constitution as amended was explicit on the process for the impeachment of a governor or deputy governor of a state.

” The Ondo state Assembly would not deviate from the dictates of the constitution on the impeachment process

*** Ondo Chief Judge letter to lawmakers

Meanwhile, the Chief Judge, Justice Odusola, in his letter to the Speaker of the assembly, Rt Hon Olamide Oladiji, with ref no. CROD/1123/V.3/ dated October 6, 2023, cited Section 287 (3) of the Constitution as the reason why he cannot act on the letter from the House.

Odusola said he was barred from performing the function by an order of a Federal High Court.

Titled: “Re: Letter Of Request To Set Up Investigation Panel Pursuant To Section 188 [5] Of The 1999 Constitution (As Amended),” he noted that despite being mindful of section 188, there’s a restriction order from a Federal High Court in Abuja.

“Your letter reference NO: ODHA/98/253/406 of October 3, 2023 in respect of the above matter refers. I wish to inform you that on 28 September 2023, I was served with an Order of interim injunction granted by the Federal High Court, Abuja, Coram: Hon Justice Emeka Nwite in Suit No:FHC/AB/CS/1294/2023 dated September 26, 2023 in respect of this subject matter.

“Order 4 therein restrains the Chief Judge of Ondo State from “constituting any seven-man panel at the instance of the 4th Defendant Respondent in respect of the complaint of the plaintiff” among others, (Please find attached hereto a copy of the order).

“I am not unmindful of S. 188(10) of the Constitution of the Federal Republic of Nigeria 1999 as amended which provides as follows: ‘No proceedings or determination of the Panel or of the House of Assembly or any matter relating to such proceeding or determination shall be entertained or questioned in any court’.

“Notwithstanding the above provision, a Court order is binding until set aside either by a Court of coordinate jurisdiction or by an appellate court.”

*** Adopt doctrine of necessity in Ondo – Human Right Lawyer tells assembly

However, following the political quagmire in the state, a human Right lawyer, Allen Sowore, has asked the State House of Assembly, to adopt the doctrine of necessity to address it.

Sowore said that the political quagmire being faced in the state was as a result of the absence of Governor Rotimi Akeredolu and plan to impeach the deputy, Hon Lucky Aiyedatiwa.

According to him” the doctrine of necessity is in conformity with Section 190 (2) of the 1999 constitution of Federal Republic of Nigeria which was adopted during the late President Umaru Yar’Adua and Vice President, Goodluck Jonathan.

He said that since the Governor Akeredolu announced his resumption after medical leave, he has not been seen in the State while the Deputy who supposed to hold forth was shuttling around the country to prevent his being sacked by the Assembly.

In a statement titled “Ondo Political Quagmire: Time To Invoke Doctrine of Necessity Is Now!” Sowore said the State Assembly should adopt the doctrine of necessity adopted when Yar’Adua was sick and he did not transfer power to Jonathan, his Vice President.

Sowore said that “In accordance with the provisions of Section 188 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), and following due process, procedure, and proceedings, it is evident that the covert plot by Governor Oluwarotimi Akeredolu to impeach his deputy, Lucky Aiyedatiwa, has failed woefully.

“This failure is attributed to various factors, including the presence of a valid and subsisting court order, which halted the constitutional timelines. Additionally, there was a lack of strict adherence to the prescribed procedures, as the House had already exhausted the provisional two resolutions.

“Most importantly, the impeachment of the deputy governor was outrightly rejected by the majority of the people of the state in the absence of the governor. Hence, the impeachment plot against Lucky Aiyedatiwa is null and void ab initio.

“Also, the Chief Judge, Justice Olusegun Odusola has declined the request of the state House of Assembly to set up a probe panel to investigate the nebulous allegations the deputy governor, Lucky Aiyedatiwa. This is the straw that broke the camel’s back.

“It is disheartening to observe that the State House of Assembly has not ceased in its unbridled desire to remove the deputy governor or create a crisis in the state. This is the same Assembly that has passed only one bill which is for the creation of additional 33 Local Council Development Areas since its inauguration on 5th June.

‘It is no secret that Governor Oluwarotimi Akeredolu has been absent and unavailable to perform his duties since 3rd April 2023, leaving the state without governance and direction. His recent staged return from Germany and the subsequent submission of a resumption letter to the Speaker of the State House of Assembly have exposed the challenges the cabal has been hiding from the people. Since this orchestrated return, no one in the state has seen or heard from the governor.

“Hence, it is imperative and patriotic for the State House of Assembly to utilize and invoke the various provisions in the Constitution under these circumstances, specifically:

“Section 190 (2) of the 1999 Constitution: By passing a resolution mandating the Deputy Governor to act as the Governor in the best interest of the state.

“Section 189 (4) of the 1999 Constitution: If the Assembly deems that the governor’s health has deteriorated to the extent that he may no longer possess the physical and mental capacity to effectively carry out the demanding day-to-day operations of the government, the Assembly, through the Speaker, should establish a medical panel to assess the Governor’s health condition, ensuring uninterrupted governance in our beloved Sunshine state.

‘These are duties that the Constitution imposes on the Speaker of the Ondo State House of Assembly, and it is essential to discharge them dutifully and patriotically to prevent the state from slipping into anarchy due to a lack of governance.

‘Similarly, as true friends and loyal allies of the governor, members of the Cabal and the State House of Assembly can also, on moral grounds, advise him to resign and prioritize proper care of his wellness.

Sowore said that ” It is not ideal and of course this display of desperation and over ambition by government officials to outsmart one another at the expense of the lives and welfare of our people goes against the core Yoruba philosophical concept of Omoluabi, which our state is renowned for.”