Aribisogan Sues Ekiti Assembly, Others, Wants Purported Impeachment Quashed
The embattled Speaker of the Ekiti State House of Assembly, Rt. Hon. Olugboyega Aribisogan has filed a suit before the State High Court to quash his purported impeachment by some members of the House.
Recall that Aribisogan emerged as the new speaker of Ekiti State House of Assembly on November 15, beating Olubunmi Adelugba, the candidate of the immediate former Governor of the state, Kayode Fayemi.
Aribisogan had emerged as the new speaker after securing 15 votes out of 25 to replace the late Funminiyi Afuye having defeated the former Chief Whip, Adelugba, who had 10 votes.
Not satisfied with the outcome, Adelugba regrouped with some lawmakers loyal to Fayemi and on November 21 declared that she had been elected as the new speaker following the alleged impeachment of Aribisogan for what they tagged as sabotaging the passage of the 2022 Appropriation Bill, among other allegations.
Since the alleged impeachment, there have been several condemnations with some prominent Ekiti people calling on Adelugba to stop parading herself as the speaker of the Assembly.
However, the embattled Speaker, Aribisogan has gone to court to seek redress.
The court papers are marked No:17A/168/32 and are said to be between Rt. Hon. Olugboyega Aribisogan as Claimant and Ekiti State House of Assembly, the Clerk, Ekiti State House Assembly and Hon. Olubunmi Adelugba as Defendants. The suit was filed on November 28, 2022.
Aribisogan in his Originating Summons formulated seven questions for determination before the court and in the event that the questions are resolved in affirmative, he wants the court to grant 12 reliefs/claims he sought.
The seven questions for the determination are “1. Given the provision of Order V Rule 18 (1) of the House Rules, whether the purported plenary sitting of 7 Members of the Ekiti State House of Assembly on the 21st day of November 2022 was not illegal, null and void?
“2. Considering the provisions of Order V Rule 18 (1); Order II Rule 9 of the House Rules and Section 92 (2) (c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) whether the purported impeachment of the Claimant as the Speaker of the Ekiti State House of Assembly by 7 members at their purported Plenary sitting without following the due process of law is not unconstitutional, illegal, null and void?
“3. As a sequel to 2 supra, whether the alleged election of the 3rd Defendant as the Speaker of the Ekiti State House of Assembly at the purported plenary sitting of the 21st day of November 2022 is not unconstitutional, illegal, null and void?
“4. Arising from 2 and 3 supra, whether the 3rd Defendant should not be ordered to account for and refund to the coffers of Ekiti State Government all the salaries, emoluments, allowances and or whatever monetary benefits appurtenant to the office of the Speaker of the Ekiti State House of Assembly during the tenure of her purported election as the Speaker?
“5. WHETHER by Sections 109, 110 and 117 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the purported suspension of the Claimant at the purported plenary sitting by the 7 Members of the Ekiti State House of Assembly on the said 21st day of November 2022 is not unconstitutional, illegal, null and void.
“6. WHETHER on the footing of her brazen violation of and or blatant disregard for the aforementioned relevant constitutional and statutory provisions, the 3rd Defendant henceforth deserves to vie for, hold or continue to hold any State or National elective position and or whatever public office in Nigeria?
“7. Given the State of the law with regards to the time and venue of sittings of Parliament, whether the purported sittings of the seven members of the Ekiti State House of Assembly at an un-parliamentary hour of 6 am on 21st November 2022 is not unconstitutional, null and void. Whereupon the Claimants claim against the defendants as follows: “A DECLARATION that the purported plenary sitting of 7 members of the 1st Defendant on the 21st day of November 2022 was illegal, null and void.
“A DECLARATION that by the provisions of Order V Rule 18 (1); Order II Rule 9 of the House Rules; Sections 92 (2) (c) and 109 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the purported impeachment of the Claimant as the Speaker of the Ekiti State House of Assembly by 7 members at their purported plenary sitting without following the due process of law is unconstitutional, illegal, null and void.
“A DECLARATION that the alleged election of the 3rd Defendant as the Speaker of the Ekiti State House of Assembly at the purported plenary sitting of the 21st day of November 2022 is unconstitutional, illegal, null and void.
“A DECLARATION that the 3rd Defendant ought to be ordered to account for and refund to the coffers of Ekiti State Government all the salaries, emoluments, allowances and or whatever monetary benefits appurtenant to the office of the Speaker of the Ekiti State House of Assembly during the tenure of her purported election as the Speaker.
“A DECLARATION that by the provision of Section 109 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), inter alia, the purported suspension of the Claimant at the purported plenary sitting of by the 7 members of the Ekiti State House of Assembly on the said 21st day of November 2022 is unconstitutional, illegal, null and void.
“A DECLARATION that on the footing of her brazen violation of and or blatant disregard for the aforementioned relevant constitutional and statutory provisions, the 3rd Defendant henceforth deserves to be restrained from vying for, holding or continuing to hold any State or National elective position and or whatever public office in Nigeria.
“AN ORDER of the Honourable Court reinstating the Claimant as the Speaker of the 2nd Defendant (Ekiti State House of Assembly), forthwith.
“AN ORDER of Court rescinding the purported suspension of the Claimant as Honourable member of the Ekiti State House of Assembly.
“AN ORDER directing the 2nd Defendant to ensure immediate payment of the salaries, emoluments, allowances and all entitlements due to the Claimant as the Speaker of the 1st Defendant from the 21st day of November 2022 till the date of final judgment in this suit or the termination of the 6th Assembly of the 1st Defendant.
“AN ORDER compelling the 3rd Defendant to forthwith account for and refund to the coffers of Ekiti State Government all the salaries, emoluments, allowances and or whatever monetary benefits appurtenant to the office of the Speaker of the Ekiti State House of Assembly during her purported tenure of her as the Speaker.
“AN ORDER compelling the 2nd Defendant to ensure that the 3rd Defendant duly accounts for and refunds to the coffers of Ekiti State Government all the salaries, emoluments, allowances and or whatever monetary benefits appurtenant to the office of the Speaker of the Ekiti State House of Assembly during the purported tenure of the 3rd Defendant as the Speaker and for the 2nd Defendant to file a report of compliance or non-compliance at the Registry of this Honourable Court not later than thirty days after the date of the judgment in this suit.
“AN ORDER OF PERPETUAL INJUNCTION restraining the 3rd Defendant, on the footing of her brazen violation of and or blatant disregard for the aforementioned relevant constitutional and statutory provisions, from henceforth vying for, holding or continuing to hold any State or National elective position and or whatever public office in Nigeria.”
Aribisogan filed the suit through his Counsel, Sunday O. Olowolafe, Esq.
Newsflash Nigeria is an online newspaper that is developed and written exclusively for Nigerians. It’s packed with up-to-the-minute Local and National Economy News, Share & Capital Market, Health, Sports, Education, Technology, Business and Opinions.
To make further advert enquiries or place an order, please contact us at [email protected] and +2348053316946 and WhatsApp number 08033546732
FOLLOW US ON GOOGLE
