The Assembly addresses conflicting reports about the suspension of the impeachment process.
The Ondo State House of Assembly has confirmed that the ongoing impeachment process against the Deputy Governor, Mr. Lucky Aiyedatiwa, has not been suspended, contrary to earlier reports in the media.
Mr. Olatunji Oshati, the Chairman of the House Committee on Information, clarified the situation in a statement on Friday. He explained that the Assembly had temporarily halted the impeachment process following communication from the state Chief Judge, Justice Olusegun Odusola, who cited a court order preventing him from constituting a panel to investigate the allegations against the Deputy Governor.
Oshati stated, “We have considered the letter (of the CJ) which is everywhere in the public domain, and we are halting the impeachment process until the order of the Federal High Court is vacated. It is not about being arrogant with power; it is about holding public officers accountable. It also shows that the process of impeachment transcends the monopoly of the legislature, as we can see that the judiciary has stalled it.”
However, the House, through its lawyer, Mr. Femi Emodamori, reiterated that the impeachment process has not been suspended and affirmed their intention to pursue it to a logical conclusion. The statement, issued on behalf of the Assembly on Saturday, offered a detailed explanation of the constitutional process for impeachment and the steps taken by the Assembly to adhere to it.
The statement emphasized that impeachment is a constitutional process clearly outlined in Section 188(1)-(11) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). It outlined the meticulous compliance with the constitutional stages leading to the Chief Judge’s obligation to establish a 7-man panel to investigate the allegations, as stipulated in Section 188(5) of the Constitution.
The statement reiterated that the notice of allegations of gross misconduct was signed by 11 members of the House and presented to its speaker on September 20, 2023, in strict compliance with Section 188(2) of the Constitution. This initial stage in the impeachment process was followed by the speaker serving the notice on the Deputy Governor on September 25, 2023, in compliance with the same section.
The third stage, as per Section 188(3) of the Constitution, required a two-thirds majority of the members to pass a motion within 14 days after the notice of allegations of gross misconduct was first presented to the speaker. The Assembly confirmed that they had exceeded the minimum two-thirds majority required when 23 out of its 26 members passed that motion on October 3, 2023.
Section 188(5) of the Constitution specifies that, after the motion is passed by a two-thirds majority, the speaker should formally request the state Chief Judge to set up the 7-man panel. The speaker duly complied with this requirement on the same date, October 3, 2023.
However, the Chief Judge responded to the Assembly, indicating that he had received an ex parte order obtained by the Deputy Governor from the Federal High Court, Abuja Division, on September 26, 2023. This order restrained the Chief Judge from setting up the panel until the court hears the case to determine the merit of the application or the case filed by the Deputy Governor.
The statement also cited Section 188(10) of the Constitution, which asserts that the proceedings or determinations of the House or the panel, or any matter related to such proceedings, shall not be questioned or entertained in any court. It emphasized that numerous judgments of Nigeria’s highest courts have affirmed that no court has the jurisdiction to interfere in an impeachment process as long as the House of Assembly complies with all constitutional processes.
The Chief Judge, while acknowledging the constitutional provisions, expressed his preference to err on the side of caution by waiting for the ex parte order to be vacated or set aside.
The Assembly’s position is that, despite their reservations about the constitutional provisions and court judgments, they will take necessary legal steps to vacate or quash the order and proceed with the impeachment process when it is feasible. They aim to untie the hands of the Chief Judge to ensure a logical conclusion to the impeachment process.