Impeachment: Court dismisses Oyo dep government case, Olaniyan appeals

OYO State Deputy Governor Mr Rauf Olaniyan's attempt to halt his impeachment process suffered a setback as a state high court Oyo sitting in Ibadan on Thursday struck out the suit to halt the process.

Olaniyan had filed a complaint in court, challenging the House of Assembly's decision to impeach him through the legislative process.

The assembly made allegations, ranging from abuse of power, abandonment of office, insubordination, financial irregularities, among others, against the Deputy Governor, and so ordered the Chief Justice of the State, Munta Abimbola, to set up an investigation panel.

However, the Deputy Governor, in a lawsuit filed in court, sought an injunction preventing the defendants, the Speaker of the House, the Clerk and members of the House of Assembly from continuing the process.

But the presiding judge, Judge Ladiran Akintola, while ruling on the lawsuit, said that the process of removing a person from office and the original subpoena filed by the plaintiff, Olaniyan, are purely legislative and non-judicial in accordance with the 1999 Constitution.

He argued that the speaker's role is administrative in the constitution while the allegations were clear enough for the plaintiff to understand.

Akintola said he validated the process initiated by the House of Assembly, after carefully reviewing the original summons, the defendants' counter-affidavits, written addresses and more.

He said, "There is nowhere where the speaker is involved as an initiative but as an administrator. Issues raised by the plaintiff against the defendant are resolved against the plaintiff.

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"No proceedings of the Chamber may be instituted in court, therefore, the plaintiff's case is accordingly dismissed."

Afolabi Fashanu had filed a petition with the court to stop the House from taking steps to remove the Deputy Governor.

He prayed that the court would grant the original subpoena, saying the allegation of misconduct against Olaniyan was vague and without details in accordance with Section 188 of the 1999 Constitution.

He pointed out that an impeachment is a process and that all the items listed in the constitution must be strictly adhered to. Reacting to the judgment on Thursday, Fashanu said his client appealed the judgment because he was unhappy with the judgment.

He appealed to have the Respondents barred from taking any further action pursuant to the alleged Notice of Allegations served on the Plaintiff.

"We are appealing for an injunction restraining the respondents from executing or implementing the judgment today.

"This is pending the decision on the appeal against said judgment.

“It is appropriate that an injunction order be granted so that the outcome of the appeal is not rendered ineffective,” he said.