Ondo State Chief Judge, Olusegun Odusola has declined to set up a seven-man panel to investigate allegations of gross misconduct against Lucky Aiyedatiwa, deputy governor of the state.
The state house of assembly had commenced impeachment proceedings against the deputy governor over allegations bordering on abuse of office.
The assembly issued a directive to the chief judge to “immediately” set up a seven-man panel to investigate Aiyedatiwa.
However, in a response dated October 6, the chief judge said the subsisting order of an Abuja federal high court barred him from taking steps in the matter.
“I wish to inform you that on 28 September 2023, I was served with an order of interim injunction granted by the federal high court, Abuja, Coram: Hon justice Emeka Nwite in Suit No: FHC/AB/CS/1294/2023 dated September 26, 2023 in respect of this subject matter,” the judge said.
“Order 4 therein restrains the chief judge of Ondo state from constituting any seven-man panel at the instance of the 4th defendant respondent in respect of the complaint of the plaintiff’ among others.
“I am not unmindful of S. 188(10) of the Constitution of the Federal Republic of Nigeria 1999 as amended which provides as follows: ‘No proceedings or determination of the panel or of the house of assembly or any matter relating to such proceeding or determination shall be entertained or questioned in any court’.
“Notwithstanding the above provision, a court order is binding until set aside either by a court of coordinate jurisdiction or by an appellate court.”
There has been an alleged rift between Aiyedatiwa and Rotimi Akeredolu, the Ondo governor.
On September 7, Akeredolu returned to Nigeria after a three-month medical leave in Germany.
“Notwithstanding the above provision, a court order is binding until set aside either by a court of coordinate jurisdiction or by an appellate court.”
Aiyedatiwa acted in Akeredolu’s stead while he was away.
Upon his return however, Akeredolu sacked the media aides attached to the office of his deputy after operating from Oyo state for a while.
The house also kick-started its impeachment proceedings against Aiyedatiwa who has since pledged his loyalty to the governor.
In early October, the Ondo house of assembly wrote a petition against Emeka Nwite, a federal high court judge who gave an order stopping the impeachment of Aiyedatiwa.
In the ex parte order granted on September 26, Nwite restrained Akeredolu from nominating a new deputy.
