Lawyers slam Ondo Deputy Governor over abuse of court process

A constitutional lawyer and Global Affairs Analyst, Jiti Ogunye, has slammed the Ondo state deputy governor, Hon Lucky Aiyedatiwa, for attempting to stop his impeachment process through an interim order.

Ogunye, while speaking on a television program said that Aiyedatiwa was wrong to have approached the court when the process hadn’t been completed.

Ogunye described Aiyedatiwa’s action as a clear violation of the constitution, adding that approaching the federal High Court instead of the state and suing the state governor, state house of assembly and the Chief Judge was wrong.

He said the deputy governor should submit himself and answer the allegations levelled against him.

“The issue of principle here is that there is a route under section 188 of the constitution, that route says that seven days you should receive a notice served by the Speaker on the holder of the office be it governor or deputy governor.

” Within 14 days, a vote is taken, if two-thirds passes the matter, it goes to the Chief Judge of the state within seven days and then a panel is set up within three months and the report comes in.

“After the report comes in, If the report says no misconduct has been committed, the matter ends there. If it says misconduct is proven then the person is impeached.

” That’s the process. And so, if at the tail-end the process is not followed, the holder of the office has a recourse to have him restored to power.

“The second one is the federalist principle which is very dear to me. You are a deputy governor of a state, you have a state high court, you are suing everybody in that state including the Chief Judge of that state, and you are taking them to a federal government court. That offends my Federalist principle.

Also, counsel to the House of Assembly, Femi Emodamori, argued that if the state house of assembly clearly and meticulously follows section 188, sub-sections 1-9, no court as stipulated in section 10, has the power to intervene.

Emodamori said:”It is only when there are pure breaches of the law that the court may intervene. Now, His Excellency hasn’t even been served, the notice was initiated by eleven members of the House, more than one-third required, he didn’t wait to be served.

“The law said it should be served within seven days. He rushed to court the following day that he hasn’t not been served saying it’s a violation of his right. I have just seen another suit filed by my respected colleague, Ebun-olú Adegboruwa, and I have read the processes.

” He’s alleging violation of his own right to a fair hearing that he’s not been served. That it’s within social media even when section 188 says he should be served within seven days and it’s not yet seven days.

“Rushing to court even before the panel is constituted is an abuse of judicial process . he doesn’t have a fundamental human right to protect at that stage. The body to hear him is the panel to be constituted by the Chief Judge. Until the body begins work, how do you complain about the violation to a fair hearing?”

**Also, the Concerned All Progressive Congress, Ex- lawmakers in the state, have warned the state House of Assembly members against heating up the polity by impeaching the deputy governor,

Addressing newsmen in Akure, the Ondo state capital, the former members of the state assembly, pleaded with them to preserve the sanctity and integrity of the assembly.

Speaking on behalf of the lawmakers, Abiodun Jerome, lamented that ” the present House of Assembly is less than four months old, and it’s very unfortunate that impeachment proceeding is their priority amongst the myriad of critical issues confronting our state presently.

Jerome said “We want to unequivocally state here that the House must be careful not to dare the wrath of the people by heating up the polity.

“The Assembly must be very careful from turning themselves into a puppet
in the hands of some desperate politicians.

“It is on this note that we challenge the present Assembly not to endorse a
bad precedence by going ahead with this planned impeachment of the Deputy Governor.

Jerome said ” As a critical stakeholder in this entity called Ondo State, we consider it incumbent that we do not fold our arms and watch our political labour and those of our pathfinders washed away by the interest of a clique within our political system.

“The Coalition of Concerned Ex-Lawmakers who are members of All Progressives Congress have taken note of recent on-goings in the hallowed chamber of the 10th Assembly.

“We believe there is an ongoing campaign of calumny being hatched by some individuals to do the unthinkable.

” It will be wrong to have the sanctity of the House of Assembly dragged into such a ridiculous plot. Allegations have been made, some of which actually sit in the heart of the Assembly itself as a
witness.

“We are worried that such a matter that is being investigated has found its way to the press when allegations have not even been established, and the House of Assembly is already in the bad press as though there is something fishy about the process.

“We believe the House of Assembly should rise above every reproach and distraction. We are advising current ODHA members to understand the importance of separation of powers and remember that the whole world is watching them at this critical time.

Present at the briefing include Hon Victor Akinwe, Afolabi lwalewa, Micheal Fasogbon, Sunday Olajide, Ajayi Dairo, Felix Okereji, Peter Omogun, Isaac Ayeyemi, Olusola Oluyede, Olugbenga Omole, Favour Tomomewo, Gideon Omojola, Tuyi Akintimehin, Adeyemi Olayemi, Wale Adekunle, Success Torhukerhijo and Tayo Abidakun.

Meanwhile, the Ondo Youth Arise Movement(ODYM), has called on the state deputy governor, to clear the allegations of gross misconduct against him by the state House of Assembly.

The group asked Ayedatiwa to allow the democratic process to run its course, rather than employing political players to heat up the polity and destabilize the state.

Speaking, the Acting President of the group, Olaolu Ogunleye, said the lawmakers’ actions were under public scrutiny, saying the deputy governor should entertain no fear over the impeachment proceedings.

Ogunleye said “We are saddened that the highly exalted office of the Deputy Governor is now a tool for ridicule, courtesy of Lucky Ayeidatiwa. This stands condemned.

The Deputy Governor has all the time, information and other resources to adequately respond to the allegations against him by the assembly. A move we believe will restore the waning glory of the office of the Deputy Governor and ultimately protect other institutions of the state, including the revered legislative house”

“We have also observed the recruitment of political players and businessmen by the deputy governor who have taken over the media space, the Assembly complex and other strategic places to cause chaos and push the state to anarchy.

“If the deputy governor was this active and proactive, the state wouldn’t have been rudderless and directionless when he held sway as the Acting Governor(AG) for months.

“As the Acting Governor, Ondo State was on auto drive, as all sectors in the state were shut down under Lucky Ayeidatiwa”.

“There have been disagreements between governors and their deputies in the history of the state. In the second republic, the governor of the defunct Ondo State, Chief Adekunle Ajasin went at loggerheads with his deputy, Chief Akin Omoboriowo.

“Later in the life of the state, Dr. Olusegun Mimiko, Ondo State governor between February 2009 and 2017, came for his deputy, Alhaji Ali Olanusi, whose fate was sealed under a week. By 2020, daggers were drawn between Rotimi Akeredolu, the current governor and his erstwhile deputy, Agboola Ajayi”

He queried the Aiyedatiwa’s motives for planning ” to throw Ondo State into political turmoil which could lead to breakdown of law and order and even result in loss of lives and properties? Is the Deputy Governor dragging us back to 1983?

“Against all odds, adversaries and opposition, Governor Oluwarotimi Akeredolu nominated and stood by Lucky Aiyedatiwa, first as Ondo Commissioner on the NDDC Board and subsequently his running mate and deputy in the 2020 Ondo gubernatorial elections. It is worrying the latter has thrown caution into the winds and has now turned against his benefactor”

“We have just read through the position of some ex-lawmakers in the state who are working hard to see the DG avoid clearing the allegations against him, inadvertently throwing the institution that gave them their current status under the bus.

“Their attempt to rubbish the House of Assembly, which they represent, and denigrate their colleagues who are only performing their statutory rights, is unbecoming and unacceptable”

Ogunleye however, maintained that “the House of Assembly is a sacred place housing the finest of us. They swore an oath to defend our constitution and project morality to society.

“Should we allow these Honourable men and women to be vilified for upholding their roles in accordance with the constitution and their conscience?

The Deputy Governor has been served a letter. He has days to attend to the allegations. Any other venture aside from clearing his name and the office he occupies, he is only setting a trend of being unaccountable, indiscernible and deaf to the calls for representative governance in Ondo State.

“This is of great concern as Lucky Aiyedatiwa continues to bring to disrepute the good office he occupies”.

Vanguard