Appeal Court Quashes Ogundeji Iroju’s Suspension As Former Ondo Deputy Speaker

… Orders All His Entitlements Paid 

By Joseph Sunday 

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The Appeal Court sitting in Akure, the Ondo State Capital has on Tuesday quashed Honourable Ogundeji Iroju’s suspension as a former Ondo State Deputy Speaker of the House of Assembly, with an order that all his entitlements should be paid to him for the period he served and the period he was also suspended from office and denied his rights. 

Delivering their joint judgement, the three Appeal Court Justices who sat on the matter, namely; Justices Oyebisi Folayemi Omoleye, Frederick Oziakpono – Oho, and Justice Yusuf Alhaji Bashir strike out the appeal, and upheld the judgment of Justice Akintan Osadebey that reinstated the two-term lawmaker who represented Odigbo State constituency in the Assembly.

The State Assembly, under the leadership of the former Speaker, Rt Honourable David Bamidele Oleyeloogun, had suspended Ogundeji as a member of the assembly and eventually removed him as the Deputy Speaker of the assembly.

Records has it that Ogundeji Iroju served the rest of his tenure as a lawmaker in suspension.

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Displeased with the action, Ogundeji, through his lawyer, Barrister Oluwanike Omotayo approached the court for the nullification of the suspension as a lawmaker and his removal as the Deputy Speaker.

Barrister Omotayo during his appearance in Court told the court, explaining that  the decision of the Assembly to suspend his client is a nullity since the purported impeachment did not follow the constitutional requirements.

She said the purported removal of Ogundeji contravened order two, section 9 (1-10) of the rules and standing order of the Ondo State House of Assembly, saying the law required a two-thirds majority of the members before any of the principal officers of the Assembly can be impeached.

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Justice Osadebey, in her judgment, ordered the reinstatement of Ogundeji as the Deputy Speaker of the Assembly.

The court described as illegal, null, and void the purported removal of Ogundeji as the Deputy Speaker on November 24, 2020, by some members of the Assembly.

Justice Osadebey also held that the lawmaker was not given fair hearing as the purported impeachment had been carried out before a panel to investigate him was set up by the Assembly.

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This, she held was like putting the cart before the horse. Adding, that the claimant was not personally served by the impeachment proceedings, which made it a nullity.

The judge also said there was no parliamentary resolution before the purported impeachment was carried out and that not all members were present during the impeachment as required by the rules of the Assembly and the 1999 constitution.

The court held that signing of parliamentary meeting attendance was not tantamount to consent as nine out of the 26-Member Assembly dissociated themselves from the purported impeachment.

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Subsequently, the court ordered that Ogundeji should be reinstated and all his entitlements paid up-to-date while his paraphilia of office should be restored immediately, just as the appointment of Aderoboye was described as a nullity.

Consequently, Justice Osadebey awarded N10 million as damages for the humiliation suffered by the lawmaker during his purported impeachment and suspension from the Assembly.

Displeased with the verdict of the lower court, the Assembly, through the then Attorney General and Commissioner for Justice, Titiloye Charles, appealed the judgment. He said the trial court lacked jurisdiction to hear the suit having not complied with the mandatory provision relating to pre-action notice.

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However, the appellate court dismissed all the legs of the appeal of the Assembly and ordered the lawmaker to be paid all his entitlements as a lawmaker and as the Deputy Speaker of the ninth Assembly.

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