Impeachment: Ondo urges court to dismiss ex-deputy governor’s suit

ONDO State government yesterday urged the Federal High Court in Lagos to dismiss impeached former Deputy Governor Ali Olanusi’s suit.

Its Attorney-General, Mr. Eyitayo Jegede (SAN), arguing a preliminary objection, urged the court to strike out the suit for lack of jurisdiction.

The senior advocate said Olanusi’s suit was an abuse of court process because the ex-deputy governor wrongly filed a fundamental rights enforcement

application to challenge his impeachment.

Olanusi prayed the court to nullify his impeachment for not following due process and for violating his rights.

The former deputy governor, who was impeached on April 27, sued the Inspector-General of Police (IGP) and the chairman of the seven-man investigative panel, Mr. Olatunji Adeniyan.

After entertaining arguments from the parties, Justice Mohammed Idris adjourned till Thursday for judgment.

The judge had earlier granted Olanusi’s application that the case be heard during the court’s long vacation after his lawyer, Mr. Olukoya Ogungbeje, argued that the suit would become academic, if it was not heard quickly.

The case was filed at the Akure Division of the Federal High Court, but was transferred to the Lagos Division as the judge in Ondo, Justice I.N. Sanni, is on vacation till next month.

Olanusi is seeking an order quashing the proceedings and report of the seven-man impeachment panel, which indicted him and led to his removal.

He claimed that the sitting, conclusion of proceedings and submission of report by the panel within one day denied him the right to fair hearing as enshrined in Section 36 of the 1999 Constitution.

He is seeking a declaration that the failure to give him adequate time and facility, as guaranteed under the constitution, to defend the allegation of misconduct is a breach of his right to fair hearing and fair trial.

Besides, he said the panel failed to personally serve him with the allegation of misconduct, urging the court to declare the notice null and void.

In a supporting affidavit, the applicant said: “The rules of natural justice were not observed by the respondents in the proceedings of the first respondent and the removal of the applicant as the deputy governor of Ondo State.

“The applicant was shamefully removed and disgraced out of office without fair hearing, regard for due process of law and the sanctity of the law and the constitution.

“The applicant’s rights to fair hearing and fair trial have been unfairly and oppressively trampled upon by the respondents.”

Yesterday, Jegede, who represented Adeniyan, said Olanusi’s application did not comply with Order X Rule 1 of the Fundamental Rights Enforcement Procedure Rules of 2009. According to him, the suit was, therefore, defective and has no legs to stand.

The attorney-general challenged the court’s jurisdiction to hear the case, arguing that the subject matter was not one over, which the Federal High Court could adjudicate.

Besides, Jegede said joining the Inspector-General of Police as a respondent was wrong because Solomon Arase played no role in Olanusi’s impeachment to warrant his being sued.

“In the case at hand, the IGP is neither the principal respondent nor the only respondent.

“None of the reliefs set out in the originating process is against the IGP; he did not play any role in the removal of the applicant, neither did he sit as a member of the seven-member panel.

“It is clear that the applicant merely joined the IGP as a subterfuge to justify bringing this application before this court in an obvious situation of lack of jurisdiction.

“The mere making the IGP a respondent against all grains cannot salvage the situation,” jegede argued.

Olanusi was impeached after being accused of gross misconduct by the seven-man investigative panel following his defection to the All Progressives Congress (APC) from the Peoples Democratic Party (PDP).

Some of the allegations levelled against him include financial misappropriation, absenteeism from official duties and causing disaffection in the state cabinet.

Twenty-two of the 26 lawmakers endorsed the impeachment motion, after which the Speaker, Jumoke Akindele, declared that Olanusi had been “impeached and removed from office”.

The former deputy governor told his supporters that the lack of equity in the PDP necessitated his decision to dump the party.