Posted by By Ola Ajayi on
AN Oyo State High Court of Justice, yesterday, dismissed the prayer of the pro-Ladoja members of the Oyo State Assembly to restrain the other 18 legislators from taking 'any further steps, sitting, starting or continuing to inquire or deliberate on the investigation and impeachment proceeding of His Excellency Senator Rashidi Ladoja."
IBADAN - AN Oyo State High Court of Justice, yesterday, dismissed the prayer of the pro-Ladoja members of the Oyo State Assembly to restrain the other 18 legislators from taking 'any further steps, sitting, starting or continuing to inquire or deliberate on the investigation and impeachment proceeding of His Excellency Senator Rashidi Ladoja." The court said it had 'no jurisdiction to intervene in proceedings that are purely political."
Ruling on the ex-parte motion, Justice John Olagoke, said: 'By the combined effect of the above provisions, therefore, and having regard to the nature of the reliefs claimed by the plaintiffs, it is clear beyond argument that the jurisdiction of this court is clearly ousted. Impeachment and related proceedings are purely political matters over which this court cannot intervene."
Speaking further, the judge said: 'The action is not part of the duty of the court to forage into area that ought to vest either directly or impliedly in the legislature such as the issue of impeachment which is a matter that comes within the purely internal affairs of the House of Assembly.
'Owing to the above reasons, the court would, therefore, decline jurisdiction in this matter. The objection of the learned counsel for the defendants/respondents is hereby upheld. The originating summons is accordingly dismissed."
Mr. Michael Lana, one of the counsel to the defendants, argued that 'two people filed an application and since they are in the minority, it is wrong to use the name of the House of Assembly. Therefore, the House of Assembly must be struck out in the suit. No person can sue the majority and 18 members that are simple majority. No single person can challenge the decision of the majority."
He said the impeachment move was initiated by 18 lawmakers which were in the majority as stipulated by the constitution. He also spoke on the issue of the venue of the sitting of the members at D' Rovans Hotel that House of Assembly should not be seen only as a physical structure but as a quorum of the lawmakers as constituted by the 18 lawmakers.
On the jurisdiction issue, Mr. Adeniyi Akintola, the plaintiffs' counsel in his own argument quoted section 6 of the constitution that the court right to adjudicate on the matter especially when it was against public policy, welfare and interest of the people to hold sitting outside the House.
He said the notice of impeachment in question was issued outside the House.
The court session was witnessed by Chief Lamidi Adedibu and his supporters.