The Oyo State High Court sitting in Ibadan, the state capital, on Thursday, dismissed a case filed by the deputy governor, Rauf Olaniyan, to stop the Oyo State House of Assembly from removing him from office.

Delivering judgement, Justice Ladiran Akintola said the lawmakers and all the defendants were right on the procedures taken.

The presiding judge ruled that the originating summons filed by the claimant was purely legislative procedure and not judicial in line with the Constitution of the Federal Republic of Nigeria.

Akintola said the role of the Speaker was administrative in the Constitution, while the allegations levelled against the claimant were clear enough for him to understand.

The judge said he validated the process initiated by the Oyo Assembly, having carefully considered the originating summons, counter affidavits by the defendants, and the written addresses filed by counsel to the parties.

“There is nowhere that the speaker is involved as an initiative, but an administrative; the issue raised by the claimant against the defendants are resolved against the claimant.

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“No proceedings of the House can be entertained in any court, therefore the claimant’s case is, accordingly, dismissed,” he said.

Olaniyan had through his counsel, Afolabi Fashanu, SAN, jointly sued the Oyo State House of Assembly, the Speaker, Mr Adebo Ogundoyin; and the Clerk over the impeachment process initiated against him by the lawmakers.

Fashanu had filed an application for the court to restrain the House from taking steps toward the deputy governor’s impeachment.

He prayed the court to grant the originating summons, saying that the allegation of misconduct against Olaniyan was vague and without particulars, according to Section 188 of the 1999 Constitution.

The counsel to the deputy governor argued that impeachment was a process and all the items listed in the Constitution should be strictly followed.

However, reacting to the judgement on Thursday, Fashanu said he was dissatisfied with it and has, therefore, filed an appeal.

The members of the Oyo Assembly had initiated impeachment moves against Olaniyan following his defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

The deputy governor was accused of financial recklessness, gross misconduct and insubordination, among other allegations.

Details later…

The Star