Deputy Governor: Oyo Court orders Assembly to hold-off on Impeachment

Justice Ladiran Akintola of the Oyo State High Court has ordered that all impeachment process against the state Deputy Governor, Rauf Olaniyan, be put on hold.

The order that the status-quo must be maintained pending the hearing of the application for interlocutory injunctions before the court was given on Wednesday, when the case came up at Court 7 of the State High Court, Ring Road, Ibadan.

The case, which came up on Tuesday, was adjourned till Wednesday due to the absence of the legal counsel to the Speaker, the Clerk of the House and the Oyo State House of Assembly, who are the first, second and third defendants in the matter, respectively.

However, all parties were present in Court on Wednesday.

While Olaniyan (Claimant/Applicant) was represented by a team of lawyers led by Chief Afolabi Fashanu, SAN, the Director of Legal Services, Oyo State House of Assembly, A. A. Olabiyi, appeared for the three defendants.

The main issue that was argued by the lawyers in Court on Wednesday borders on paragraph six of an eight paragraph “Affidavit of Urgent Request” put before the court by Olaniyan.

When the case was called, the Counsel to the three defendants, told the court that he was served the court notice on Tuesday and as such would need time to file all the necessary processes and requested for a minimum of five working days to be able to reply accordingly, in line with the constitution.

But, Olaniyan’s counsel told the court not to allow for such long duration, urging it to make an order to maintain the status-quo so that the applications before the court would not be rendered fait accompli, noting that if the court did not make the order, the defendants might go ahead and continue with the impeachment process.

Before giving the order, the court also reasoned that the five day request may be too long in view of the affidavit of urgency before it, and so that the request of the claimant would not be in futility, if the defendants go ahead with the process before the case is heard.

The Judge asked if the defendants’ counsel would sign to an undertaking that nothing (impeachment) would be done before the case comes up, charging the two counsels to have discussion on the matter later.

The court however adjourned the matter till Tuesday, July 5, 2022, for continuation of hearing, saying the adjournment is to allow the Assembly file its reply to Olaniyan’s claims.

Speaking with journalists after the court session, Olaniyan’s counsel, said although his client has two applications before the court, the issue that got the court’s attention bordered on the request for status-quo to be ordered, which the court granted.

Fashanu stated: “We filed two applications apart from the main originating summons, but the most important one that called for discussion today (Wednesday) was the application for interim injunction restraining the defendants from taking any step in pursuant of their impeachment move against the Deputy Governor.

When the case was called, the respondents’ counsel indicated that he was served yesterday (Tuesday) and that he needed time to file processes but I made the application to counter it, that the court should make an order to maintain status quo so that these applications will not be rendered fait accompli because if the court did not make that order, they (Assembly) might go ahead and continue the impeachment process which is what the court did in the interest of justice,” he noted.

When asked what the likely implication would be if the Assembly continued with the process despite the order, Fashanu responded: “That will be illegal and unconstitutional and I don’t think they will dare it because it will lead to contempt of court, as it will mean a breach of court order but I have confidence in the system that justice will be done.”

It could not be ascertained if the order would prevent the lawmakers from reading Olaniyan’s response to a five-point allegation preferred against him by the lawmakers on the floor of the House.

It was gathered that Olaniyan had turned in the response to the petition three days before the seven day ultimatum given him lapsed.

Olaniyan had dragged the parties to court to seek an injunction to stop what he described as a “faulty process” of his impeachment.

S.O/N.O