Despite the pending suit filed by the Deputy Governor of Oyo State, Rauf Olaniyan, at the Appeal Court, challeging the judgment of the state high court on his removal, the state Chief Judge, Justice Munta Abimbola, has constituted a seven-man panel to investigate the allegations levelled against Olaniyan by the House of Assembly.
The state High Court sitting in Ibadan had on Thursday dismissed suit filed by the Deputy Governor, saying the state House of Assembly has not violated its statutory responsibility.
The House had filed impeachment notice of the deputy governor after he dumped the ruling Peoples Democratic Party (PDP) for the All Progressive Congress (APC).
The allegations levelled against Olaniyan are: gross misconduct, abuse of office, financial recklessness, abandonment of office, official duty, insubordination and other offences.
Delivering the judgment on Thursday, Justice Ladiran Akintola ruled that the process of removal of one from an office and originating summons filed by the claimant were purely legislative and not judicial according to the 1999 Constitution.
He said the role of the Speaker was administrative in the constitution while the allegations were clear enough for the claimant to understand.
Akintola said he validated the process initiated by the House of Assembly, having carefully considered the originating summons, counter affidavits by the defendants, written addresses and others.
“There is nowhere that the Speaker is involved as an initiative but an administrative. The issue raised by the claimant against the defendant are resolved against the claimant.
“No proceedings of the House can be entertained in any court. Therefore the claimant’s case is accordingly dismissed,” he said.
Counsel for Olaniyan, Chief Afolabi Fashanu (SAN), had filled an application for the court to restrain the House from taking steps toward the deputy governor’s impeachment.
He prayed that the court to grant the originating summons, saying that the misconduct allegation against Olaniyan was vague and without particulars according to Section 188 of the 1999 constitution.
He remarked that an impeachment is a process and all the items listed in the constitution should be strictly followed.
Reacting to the judgment on Thursday, Fashanu said his client had appealed the ruling.
He appealed that the respondents should be restrained from taking any further steps pursuant to the purported notice of the allegations served on the claimant.
But on Thursday evening, the chief judge set up a panel in pursuant to the resolution of the House of Assembly, and as requested by the Speaker, Rt. Hon. Adebo Ogundoyin, in a letter dated July 6, 2022.
The Speaker had in the letter requested the constitution of the panel by the virtue of power conferred on the Chief Judge by Section 188 (5) of the 1999 Constitution of the Federal Republic of Nigeria.
The delay in the inauguration of the members of the panel was due to the pending suit initiated by Olaniyan against the impeachment process, which judgement was delivered on Thursday.
Members of the seven-man panel are Chief Kayode Christopher (Chairman); Arc. Adebisi Soyombo; Chief Lawal Adekunle Dauda; Princess Olanike Olusegun; Rev Fr. Patrick Ademola; Chief Mrs Wuraola Adepoju (JP); and Alh. Tirimisiyu Akewusola Badmus.
The panel will investigate the allegations against the deputy governor as provided under section 188(5) of the constitution of Federal Republic of Nigeria.
Justice Abimbola described members of the panel as people of unquestionable integrity, not being members of any public service, legislative house or political parties.
He urged members of the panel to have the fear of God, act in accordance with their conscience and to be fair and just in the discharge of their duties.
