Impeachment: Ondo Assembly Files Preliminary Objection, Ask Court To Dismiss Aiyedatiwa’s Suit

The Ondo State House of Assembly has filed a preliminary objection praying an Ondo State High Court sitting in Akure to dismiss a suit instituted by the State Deputy Governor, Hon Lucky Aiyedatiwa.

OSUN DEFENDER had reported that Aiyedatiwa is facing impeachment after being accused of gross misconduct.

Femi Emmanuel Emodamori, the Assembly lawyer, submitted that the case filed by the Deputy Governor at the State High Court through his counsel, Ebun-Olu Adegboruwa, is incompetent and has no jurisdiction.

He noted that no court has the jurisdiction to entertain any case trying to stop an impeachment process at the stage when the plaintiff filed the suit.

Emodamori said the House of Assembly has not breached any impeachment procedure stipulated in Section 188 of the 1999 Constitution as amended

In a letter he wrote to the State Chief Judge, Emodamori said; “Just like Ebun-Olu Adegboruwa wrote the Chief Judge to refrain from setting up an Impeachment Panel on the ground that the case is already in court, we also wrote the Hon. Chief Judge citing relevant laws why he must ignore any purported injunction granted by the Federal High Court Abuja and set up the panel if and whenever his lordship is required to do so.

“Since the purported injunction is illegal by numerous decisions of the apex court in similar situations, and all authorities and persons, including both the Federal and State High Courts, the Hon. Chief Judge himself and the State House of Assembly, must follow and enforce the decisions of the apex courts as stipulated in section 287(1) & (2) of the Constitution.”