Why I Can’t Set Up Impeachment Panel Against Deputy Governor — Ondo Chief Judge

The Chief Judge (CJ) of Ondo State, Justice Olusegun Odusola, has put on hold the establishment of a seven-member panel to probe allegations of gross misconduct against Deputy Governor Lucky Aiyedatiwa.

This action follows a request from the State Assembly to initiate the panel in accordance with Section 188 of the 1999 Constitution of the Federal Republic of Nigeria.

However, in a letter to the Speaker of the State House of Assembly, Oladiji Olamide, Justice Odusola cited Section 287(3) of the Constitution, explaining that he is constrained from acting on the House’s letter due to a Federal High Court order.

Titled: “Re: Letter Of Request To Set Up An Investigation Panel Pursuant To Section 188 [5] Of The 1999 Constitution (As Amended),” Chief Justice Odusola said that despite being mindful of Section 188, there’s a restriction order from a Federal High Court in Abuja.

“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 September 28, 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.

“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 proceedings 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.” the letter stated.