COURT CANNOT ENFORCE JUMBO PAY FOR LEGISLATORS — ONDO ATTORNEY GENERAL
The issue of the various Jumbo payment and claims by legislators came to the fore yesterday before Ondo state High Court in the Garnishee proceedings instituted by the former Deputy Speaker of Ondo state House Assembly, Hon. Deji Iroju against Ondo state House of Assembly.
The Attorney General of Ondo state, Sir, Charles Titiloye ksm FCArb told an Akure High Court presided over by Hon. Justice D. I Kolawole that the Jumbo payment claim request by Hon. Deji Iroju before the Court is not part of the statutory entitlement of a legislator as approved by Revenue mobilization and fiscal commission. The A. G. argued that Court cannot be used to enforce the payment of such illegal remuneration.
Hon. Deji Iroju had sought to enforce the Judgment of Ondo state High which ordered Ondo state House of Assembly to pay the legislator his entitlement during the period of his impeachment as the Deputy Speaker.
Ondo state House of Assembly immediately filed an appeal against the Judgment before the Court of Appeal, Akure and while the appeal was pending, Hon. Deji Iroju approached the State High Court and garnished the account of the Ondo state Government which was not party to the dispute claiming the sum of N245 million which was also not contained in the Judgment given in his favour by the High Court.
Consequent upon the Garnishee proceedings, Ondo state Government accounts held by Accountant General of state was frozen making it difficult for the three arms of Government (Executive, Judiciary and Legislature) in the state to access funds for running Government.
Moving his application opposing the Jurisdiction of the High Court to hear the Garnishee proceedings while the appeal has been entered and is currently been heard by the Court of Appeal, Sir Charles Titiloye noted that apart from the position of the law that barred the lower Court to sit on a matter in which an appeal has been entered, the Court of law cannot be used to enforce illegal jumbo payments like N15 million for Christmas gift, millions of Naira Convoy allowances computed by the legislator, personal aides allowances (who are not party to the suit).
He submitted that only statutory entitlement of a legislator can be enforced by Court and not allowances which ordinarily cannot be earned as a result of impeachment of the legislator. He noted that the Garnishee proceedings leading to freezing of the accounts of Ondo state Government which is not a party to the internal dispute in the House of Assembly is wrongful and should be struck out.
Counsel to Hon Deji Iroju, Wale Omotoso SAN, contended that Court can still proceed with the Garnishee proceedings claiming that an appeal does not operate as a stay of execution and the pending application for stay of execution filed by the Ondo State House of Assembly before the Court of Appeal is incompetent.
Hon. Justice D. I. Kolawole in his ruling held that since appeal has been entered in the case, parties should take their cases before the Court of Appeal and there is no Judgement of the High Court asking Hon. Deji Iroju to be paid the sum of N245 million Naira.
The Court thereafter struck out the Garnishee proceedings and unfreeze the accounts of the Ondo State Government.
