COURTROOM NEWS 11/01/2023
Court Sacks Ondo Deputy Speaker From Office, Reinstates Iroju
The Deputy Speaker of the Ondo State House of Assembly, Rt. Hon. Samuel Aderoboye, has been sacked from by an Akure High Court in the State capital.
The Court presided by Justice Adetan Osadebey, ordered the reinstatement of a former Deputy Speaker of the Assembly, Ogundeji Iroju.
The Court described as illegal, null and void the purported removal of Iroju as the Deputy Speaker of the House on November 24, 2020, by some members of the Assembly.
Ogundeji was removed as a deputy speaker of the Assembly in 2020, following his disagreement with the Speaker of the House of Assembly, Rt. Hon. David Oleyeloogun, over the plan to impeach the then Deputy Governor of the State, Hon. Agboola Ajayi.
The Assembly later appointed Aderoboye as the Deputy Speaker, the position he was occupying at the time of the court judgment on Wednesday.
Not satisfied with his removal, Iroju ad through his lawyer, Mr. Wale Omotoso, SAN, approached the Court, describing the decision of the Assembly as nullity since the purported impeachment did not follow the constitutional requirements.
According to the lawmaker, his purported removal contravened Order 2, Section 9(1-10) of the Rules and Standing Order of the State House of Assembly, saying the law required a two-thirds majority of the members of the House before any of the principal officers of the Assembly could be impeached.
However, the Assembly through the State’s Attorney-General and Commissioner for Justice, Mr. Charles Titiloye, said the impeachment followed due process as the impeachment proceeding was served through substituted means.
But, in her judgment, Justice Osadebey said the lawmaker was not given a fair hearing as the purported impeachment had been carried out before a panel to investigate him was set up by the Assembly.
She held that such action was like putting the cart before the horse. She said the claimant was not personally served by the impeachment proceedings, which made it a nullity.
Also, the judge said there was no parliamentary resolution before the purported impeachment was carried out and that not all members were present during the purported impeachment proceedings as required by the rules of the Assembly and the 1999 Constitution (as amended).
The court held that signing of parliamentary meeting attendance was not tantamount to consent as nine out of the 26-member Assembly dissociated themselves from the purported impeachment.
Subsequently, the court ordered that Iroju should be reinstated and all his entitlements paid up-to-date while his paraphernalia of office should be restored immediately just as the appointment of Aderoboye was described as a nullity.
Justice Osadebey also awarded N10million as damages for the humiliation suffered by the lawmaker during his purported impeachment and suspension from the Assembly.