The Court of Appeal sitting in Akure, the Ondo State capital on Tuesday reinstated Hon Iroju Ogundeji as the Deputy Speaker of the State House of Assembly four years after he completed his tenure.
In a unanimous decision, Justices Oyebisi Folayemi Omoleye, Frederick Oziakpono-Oho, and Justice Yusuf Alhaji Bashir upheld the judgment of Justice Akintan Osadebey that reinstated the two-term lawmaker who represented Odigbo state constituency in the Assembly.
The state Assembly, under the leadership of former Speaker Hon David Bamidele Oleyeloogun, had suspended Ogundeji as a member of the assembly and eventually removed him as the Deputy Speaker of the assembly.
He served the rest of his tenure as a lawmaker in suspension.
Displeased with the action, Ogundeji, through his lawyer, Oluwanike Omotayo Esq, approached the court for the nullification of the suspension as a lawmaker and removal as the Deputy Speaker.
Omotayo approached the court describing the decision of the Assembly as nullity since the purported impeachment did not follow the constitutional requirements.
She said the purported removal of Ogundeji contravened order two, section 9 (1-10) of the rules and standing order of the State House of Assembly, saying the law required a two-thirds majority of the members before any of the principal officers of the Assembly could be impeached.
Justice Osadebey, in her judgment, ordered the reinstatement of Ogundeji as the Deputy Speaker of the Assembly.
The court described as illegal, null, and void the purported removal of Ogundeji as the Deputy Speaker on November 24, 2020, by some members of the Assembly.
Justice Osadebey held that the lawmaker was not given a fair hearing as the purported impeachment had been carried out before a panel to investigate him was set up by the Assembly.
This, she held was like putting the cart before the horse. She said the claimant was not personally served by the impeachment proceedings, which made it a nullity.
Also, the judge said there was no parliamentary resolution before the purported impeachment was carried out and that not all members were present during the impeachment as required by the rules of the Assembly and the 1999 constitution.
The court held that signing of parliamentary meeting attendance was not tantamount to consent as nine out of the 26-member Assembly dissociated themselves from the purported impeachment.
Subsequently, the court ordered that Ogundeji should be reinstated and all his entitlements paid up-to-date while his paraphilia of office should be restored immediately, just as the appointment of Aderoboye was described as a nullity.
Consequently, Justice Osadebey awarded N10 million as damages for the humiliation suffered by the lawmaker during his purported impeachment and suspension from the Assembly.
Displeased with the verdict of the lower court, the Assembly, through the then Attorney General and Commissioner for Justice, Titiloye Charles, appealed the judgment. He said the trial court lacked jurisdiction to hear the suit having not complied with the mandatory provision relating to pre-action notice.
However, the appellate court dismissed all the legs of the appeal of the Assembly and ordered the lawmaker to be paid all his entitlements as a lawmaker and as the Deputy Speaker of the ninth Assembly.
