The Deputy Governor of Ondo State, Lucky Aiyedatiwa, on Monday, filed a suit delineated AK/348/2023 before the Ondo State High Court, praying the court to stop the Ondo State House of Assembly from continuing with the impeachment proceedings against him pending the hearing and determination of the suit.
Aiyedatiwa in Originating Summons filed by his legal representative, Ebun-Olu Adegboruwa (SAN), listed as defendants; the Ondo State Government, the Governor of Ondo State, Ondo State House of Assembly, the Speaker of Ondo State House of Assembly, the Clerk of Ondo State House of Assembly and the Chief Judge of Ondo State.
The embattled deputy governor is asking the court for a declaration that the House of Assembly is not competent to proceed on his impeachment in breach of his constitutional and fundamental rights to fair hearing as his office, tenure and status as the Deputy Governor of Ondo State are creations and establishment of the Constitution by virtue of Sections 186 and 187 of the Constitution, Federal Republic of Nigeria, 1999 (as Amended) and the same cannot be tampered with, altered, shortened, withdrawn or jeopardized by the Defendants except and in a manner permitted by law.
He asked the court to declare that as the Deputy Governor of Ondo State, his office, tenure, status, rights and privileges are protected, secured, guaranteed, governed and regulated under and by the relevant provisions such as sections, 188, 189, 190 and 191 of the Constitution, Federal Republic of Nigeria, 1999 (as Amended) and they are to be enjoyed without let or hindrance from the defendants except and in a manner permitted by law.
He further asked for a declaration that as the Deputy Governor of Ondo State, he is entitled to the rights and privileges attached to his office, including but not limited to his media details and other aides attached to his office and that in the determination of his civil rights and obligations as the Deputy Governor of Ondo State, he is entitled to fair hearing from the defendants who are not entitled to take any step or decision in violation of his right to fair hearing.
Also, he asked for a declaration that the dismissal of all the media aides and press crew attached to his office as the Deputy Governor of Ondo State by the governor and state government without prior notice, is unreasonable, vindictive, malicious, unconstitutional, illegal and null and void. That the defendants are not entitled to arbitrarily, forcefully, illegally, unduly or in any other manner howsoever interfere with, encroach upon and/or infringe on his constitutional rights and functions as the Deputy Governor of Ondo State without due process of law as contained in the relevant provisions of the Constitution, Federal Republic of Nigeria, 1999 (As Amended).
In addition, he asked for a declaration that as a democratically elected Deputy Governor of Ondo State in a joint ticket with the governor, he is entitled to remain in office as such, freely exercise his rights and discharge his constitutional duties as Deputy Governor of Ondo State within the full time allocated to the office by the Constitution, Federal Republic of Nigeria, 1999 (As Amended) and the defendants are not entitled to take any steps in pursuit of his removal from office as the Deputy Governor of Ondo State in flagrant violation of his constitutional and fundamental rights.
Aiyedatiwa also asked for a declaration that the defendants are not entitled to constitute themselves into investigators, prosecutors and judge over trumped up allegations against him in relation to his office, tenure and status as the Deputy Governor of Ondo State and the Chief Judge of Ondo State is not entitled to receive, act upon and or consider any request from the defendants for the purpose of constituting a panel to investigate any purported allegation or his removal from office as Deputy Governor of Ondo State in violation of his constitutional and fundamental rights.
He also asked for an injunction restraining the defendants and their agents or representatives from interfering with, restricting, disempowering or preventing him from discharging his constitutional duties and functions as the duly elected Deputy Governor of Ondo State in a joint and equal ticket with the Governor of the Ondo State.
And an order forthwith reinstating/restoring the full and total rights and privileges attached or accruing to his office as duly elected Deputy Governor of Ondo State which include, but is not limited to the restoration of all media aides and press crew attached to the office of the Claimant as Deputy Governor of Ondo State.
He finally asked for an order setting aside any purported process or notice of any allegation of Gross Misconduct against him on the ground that such process or notice is a violation of Section 188 of the 1999 Constitution of the Federal Republic of Nigeria and any such orders as the court may deem fit to make in the circumstances.
In the affidavit in support of the originating summons, it was stated that the House of Assembly embarked upon a media trial of the Deputy Governor purely to scandalise him and to incite public opinion against him, when indeed no notice of acts of alleged gross misconduct was served on him.
It was stated further that the House of Assembly is persecuting the Deputy Governor without lawful basis in conspiracy with certain persons who are gladiators in political circles and all attempts made to serve the court processes on the House of Assembly have so far been rebuffed, as policemen at the gate denied access to the court bailiff and also counsel from the office of solicitors to Aiyedatiwa.
In a letter dated September 25 2023 from the Chambers of Ebun-Olu Adegboruwa SAN and Co and delivered in the office of the Chief Judge of Ondo State, copies of the court processes were duly attached for the information of the Chief Judge.
