Posted by From Donald Andoor, Lillian Okenwa in Abuja and Oke Epia in Lagos on
Otunba Christopher Bayo Alao Akala yesterday said the immunity conferred on him by Section 308 of the Constitution precludes anybody from instituting any criminal actions against him.
Otunba Christopher Bayo Alao Akala yesterday said the immunity conferred on him by Section 308 of the Constitution precludes anybody from instituting any criminal actions against him.
Also, yesterday, the unconstitutionally impeached governor of the state, Senator Rashidi Ladoja has urged a Federal High Court in Lagos to restrain Finance Minister, Dr. Ngozi Okonjo-Iweala, Accountnt General of the Federation, and the Central Bank of Nigeria from paying monies accruing to Oyo State Government from the Federation Account to any other account than authorised by him (Ladoja).
In a motion on notice filed on his behalf by Chief Lateef Fagbemi, SAN, challenging the suit filed by Ladoja at the Abuja Federal High Court yesterday, Akala who asked for an order striking out his name and that of the Acting Chief Judge of Oyo State, as 5th and 6th defendants also requested for an order dismissing the suit for "being incompetent and want of jurisdiction".
The grounds of his application are: "The 5th defendant (Akala) cannot be sued in any civil proceedings as he enjoys immunity under and by virtue of section 308 of the 1999 Constitution; The 6th defendant (Acting Chief Judge) as sued is not a juristic personality; The 6th defendant enjoys judicial immunity in the discharge of his judicial function and cannot be sued; The claim of the plaintiff has nothing to do with the interpretation of the Constitution vis-a-vis any agency of the Federal Government The case of the plaintiff is an offshoot of impeachment proceedings; The principal claim of the plaintiff does not come within the province of the jurisdiction of this Honourable Court; The filing of this suit is an abuse of Court process; The plaintiff's claim has not disclosed any reasonable cause of action; Federal High Court is not the appropriate forum to file this suit."
One Omosanya Popoola from the Chambers of Lateef Fagbemi, SAN, in an 18 paragraph affidavit he deposed claimed that there are appropriate courts in Ibadan where the complaint being raised by the plaintiff can be determined and that the plaintiff deliberately joined the Attorney General of the Federation and Inspector General of Police who had nothing to do with the impeachment process so as to confer jurisdiction on the Federal High Court.
Ladoja also asked the Federal High Court in Lagos to restrain Alao-Akala or any one from operating the Oyo State Government's account without his (Ladoja) express permission in writing.
Joined as respondents in the suit are; Skye Bank Plc, United Bank for Africa (UBA), Guaranty Trust Bank Plc, Access Bank Plc, Platinum - Habib Bank Plc, WEMA Bank Plc, IBTC Chartered Bank Plc, First City Monument Bank Plc, First Inland Bank Plc, and Universal Trust Bank Plc.
In the originating summons brought through his solicitors, Falana and Falana Chambers, Ladoja wants the court to determine whether on the interpretation of the ruling of Justice Bolaji Yussuf of January 12, 2006 in suit Nos.1/1056/06 between Hon. Hassan Ogundoke and Hon. Justice Adeniran, he (Ladoja) remains in law the Executive Governor of Oyo State.
He said, if the above question was resolved in his favour, he will pray the court for the following orders;
•A declaration that based on the ruling of Hon. Justice Bolaji Yussuf of January 12, 2006, in suit no. 1/1056/06 between Hon. Justice Hassan Ogundoke and Hon Justice Adeniran, the applicant remains the Executive Governor of Oyo State.
•An order of injuction restraining the 4th respondent (Akala) from parading himself or acting in any manner whatsoever as the Executive Governor of Oyo State.
•An order of injunction against the Finance Minister, the Accountant General, CBN, the 5th to 14th respondents (the banks), their agents privies, assigns and successors in the title from recognising the 4th respondent (Akala) as the Governor of Oyo State.
•An order of injunction against the Minister of Finance, Accountant General, CBN, 5th - 14 respondents (Banks), their privies, agents, assigns and successors in title from taking any instructioins from the 4th respondent (Akala) or any person purporting to be acting on his instructions as the Governor of Oyo State with regard to the Federal allocation, financial payments, cheques, bank accounts and other financial instruments on behalf of Oyo State Government.
He is also praying the court for an order of injunction against the respondent banks from allowing any person not duly authorised by him to operate, change, modify or deal in any manner whatsoever and howsoever with the account of the Oyo State Government in their respective banks without his express permission in writing.
In the affidavit in support of the originating summons, Ladoja insisted that he has been the Governor of Oyo State since May 29, 2003 and has not yet been constitutionally removed from office since date.
He said, the Oyo State House of Assembly, on January 12, 2006, without the required mandatory two-third majority of members as stipulated under Section 188 of the 1999 Constitution, purportedly removed him from office and immediately sworn in the 4th respondent (Akala) who was his deputy.
He averred that by a ruling of Justice Bolaji Yussuf of the Oyo State High Court, the process of his purported impeachment was set aside, and that by the said ruling, he is still the legally recognised Governor of Oyo State.
In another suit filed at the "Federal High Court, Abuja, Ladoja had on Wednesday dragged the Attorney General of the Federation, the Inspector General of Police, Attorney General of Oyo State, Oyo State House of Assembly, Akala and the Acting Chief Judge of Oyo State for allegedly removing him from office illegally.
In the suit filed at a Federal High Court, Abuja, Ladoja is seeking for the following declarations: "Declaration that having regard to the ruling of Hon. M.O. Bolaji Yusuf of the Oyo State High Court delivered on 12th January, 2006 in suit No 1/1056/2005 between Hon. Hassan Ogundoke & Ors vs. Hon. Justice Afolabi Adeniran and the provisions of sections 6 and 188 of the Constitution of the Federal Republic of Nigeria, 1999, the purported removal from office as the Governor of Oyo State by a faction of the members of the 4th defendant on 12th January, 2006 is unconstitutional, illegal, unlawful, null and void.
"Declaration that having regard to the provisions of sections 6 and 188 of the 1999 Constitution, coupled with the ruling of Hon. Justice M.O Bolaji Yusuf aforesaid, the administering of oath on Otunba Christopher Bayo Alao Akala by the 6th defendant as the governor of Oyo State on 12th January, 2006 is unconstitutional, illegal, unlawful, null and void.
Meanwhile, THISDAY checks revealed that the National Judicial Council (NJC) during its monthly meeting on February 1 will deliberate on the petition sent to it by the Body of Senior Advocates (SANs) against the role played by Justice Afolabi Adeniran, Acting Chief Judget of Oyo State in the 'impeachment' of Ladoja.
In a related development, after several hours of closed door sessions held to resolve disagreements between different groups of legislators over the political crisis rocking Oyo State, the House of Representatives yesterday condemned the purported impeachment of Ladoja. It also passed a resolution asking the Inspector-General of Police and all other security agencies to ensure strict compliance to the rule of law and the constitution of Nigeria.
The position of the House is based on the ruling of the High Court, sitting in Ibadan which had ordered the legislators to held action on the impeachment proceedings. The federal legislators also stated that the Attorney-General of the Federation and the Inspector-General of Police have no constitutional nor legal authority to "recognise, acknowledge, nor treat the 5th defendant (Bayo Alao Akala) as the constitutionally elected governor of Oyo State."
The House Session on Wednesday became rowdy over the motion for the restoration of the rule of law and observance of the constitution in Oyo State. It was therefore forced to go into a closed door session where its Committees on Judiciary and Justice was mandated to critically examine the legal implication of the motion and report back yesterday.
After the resumption of the House yesterday, it again went into another round of closed door session, at the end of which the Chairman of the joint Committees, Hon. Alex Nwofe recommended that the House should only restrict its debate to the issue of political office holders, judicial officers and security agencies in Oyo State and Nigeria generally to respect the rule of law and the constitution in the discharge of their duties in the interest of democracy.
Leader of the House, Hon. Abdu Ningi opened discussion on the recommendation by condemning individual and selfish interests being promoted by political officer holders to the detriment of national interests and advancement of democracy.