By Daniel Edu
Justice Olusegun Odusola, the Chief Judge of Ondo State, has declined the request from the State Assembly to establish a seven-member panel for the investigation of Deputy Governor Lucky Aiyedatiwa. This request came as part of the Assembly’s efforts to impeach Aiyedatiwa, citing allegations of gross misconduct in accordance with Section 188 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
Deputy Governor Aiyedatiwa opposed the Assembly’s request and wrote a counter-letter to the Chief Judge, urging him not to grant the Assembly’s request for an investigation.
However, it has been reported that Chief Justice Odusola, in a letter addressed to the Speaker of the State House of Assembly, Rt Hon Oladiji Olamide Aderanmi, on October 6, 2023, and referenced as CROD/1123/V.3/, has provided reasons for declining their request.
The Chief Judge cited Section 287(3) of the Constitution as the reason for his inability to act on the House’s letter. He mentioned that this constitutional provision prevented him from carrying out the function due to a restraining order from a Federal High Court.
In the letter, titled “Re: Letter Of Request To Set Up Investigation Panel Pursuant To Section 188 [5] Of The 1999 Constitution (As Amended),” Chief Justice Odusola explained that although he was aware of Section 188, there was a court order from the Federal High Court in Abuja that placed a restriction on his actions.
He stated, “Your letter reference NO: ODHA/98/253/406 of October 3, 2023, in respect of the above matter refers. 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.”
“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. (Please find attached hereto a copy of the order).”
Chief Justice Odusola further clarified, “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.’”
He went on to emphasize, “Notwithstanding the above provision, a Court order is binding until set aside either by a Court of coordinate jurisdiction or by an appellate court.”
The Chief Judge also noted, “I am under legal obligation to obey the provision of Section 287(3) of the Constitution of the Federal Republic of Nigeria 1999 as amended, which provides as follows: ‘The decisions of the Federal High Court, a High Court, and of all other courts established by this constitution shall be enforced in any part of the federation by all authorities and persons, and by other Court of law with subordinate jurisdiction to that of the Federal High Court, a High Court and those other Courts, respectively.'”
In conclusion, Chief Justice Odusola stated that based on the order of the Federal High Court, “I am constrained to inform you that I cannot accede to your request to constitute the 7-man Panel as requested above except the order is set aside by a Court.”
“Please accept the assurances of my highest regards.”
