•Says Aiyedatiwa failed to respond to allegations
•Petitions NJC over court order

By Dayo Johnson

AKURE—THE Speaker of the Ondo State House of Assembly, Mr. Olamide Oladiji, yesterday, directed the Chief Judge of the state, Justice Olusegun Odusola, to constitute a 7-man panel to probe the allegations levelled against the embattled deputy governor, Mr Lucky Aiyedatiwa, over his failure to respond to the letter of notice served on him.

The Assembly on September 25, 2023, had served Mr Aiyedatiwa a letter of notice to respond to allegations of gross misconduct against him.

The Speaker, who gave the directive at plenary, disclosed that the letter of notice was received on behalf of the deputy governor by his Chief Protocol Officer.

Oladiji said: “The house resolution that the deputy governor should be duly served a notice of the allegations was in line with Section 188 of the Nigerian Constitution.
“Concerted efforts were made to serve the notice on the deputy governor, who for some time was not available for the service, prompting the House to approach the court for a substituted service on the deputy governor.

“On September 25, 2023, a substituted service of the Notice of allegations was made on the deputy governor duly signed by more than one-third members of the House as required by the Constitution in Section 188 Sub-section 2.

“The Constitution stipulates that the assembly should wait for seven days for the embattled deputy governor to respond which has lapsed.

“Section 188 of the Constitution states further that the deputy governor has seven days within which to reply to the allegations levelled against him.

“The Constitution states further that within seven days of the passing of a motion under the foregoing provisions of this section, the Chief Judge of the state shall, at the request of the Speaker of the House of Assembly, appoint a panel of seven persons.

“I, therefore, wish to seek your opinion to direct the Chief Judge of Ondo State, Justice Olusegun Odusola, to in line with this section of the Constitution, set up a seven-man panel to investigate the deputy governor on the allegations levelled against him.”

Earlier, the Majority Leader, Mr Oluwole Ogunmolasuyi, (Owo 1-APC), had moved the motion for the notice on the Ondo State Impeachment Panel Procedure Rules that the panel be constituted by the chief judge of the state and was seconded by Mr Felix Afe (Akoko North West 2) of the Peoples Democratic Party, PDP.

Assembly petitions NJC over court order

Also, the lawmakers, yesterday, petitioned the National Judicial Council, NJC, over a Federal High Court order restraining them from performing their functions as an arm of government.

They described an ex-parte granted by the court on September 26, 2023, restraining the Assembly from impeaching the Ondo State Deputy Governor, as “unconstitutional and malevolent.”

In a petition addressed to the NJC, the Speaker of the House, Mr Oladiji, accused Justice Emeka Nwite, who granted the order of allegedly compromising his office and violating the constitution of the Federal Republic of Nigeria.

The lawmakers alleged that Justice Nwite was “heavily and/or compromised his office to grant an unconstitutional ex parte in favour” of the embattled Deputy Governor.

The petition reads: “As the Speaker of the 10th Ondo State House of Assembly, and on behalf of the entire members of the House of Assembly (hereinafter referred to as ODHA), I write your lordship to formally complain Justice Emeka Nwite of the Abuja Judicial Division of the Federal High Court, for compromising his office and violating the extant provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), ignoring judicial decisions of the appellate courts and extant Practice Directions and/or relevant Circulars of the Federal High Court, to grant an unconstitutional, clearly malevolent, and ostensibly procured ex parte order on September 26, 2023, in Suit FHC/ABJ/CS/1294/2023 restraining ODHA as an arm of government from exercising its constitutional powers.

“The assembly recalls that on September 2023, 11 members of the Ondo State Assembly presented a notice of allegation(s) of gross misconduct (impeachment notice) against the Deputy-Governor of Ondo State, Mr Lucky Aiyedatiwa to me as the Speaker, in line with Section 188(2) (a) and (b) of the Constitution.

“My Lord, as a ranking member of ODHA and based on the benefit of detailed legal advice which the House has sought on the subject matter, I know as a fact that impeachment is a purely legislative affair.