- Lawmakers raise objection over restraining suit in court
Members of the Lagos State House of Assembly probing former Governor Akinwunmi Ambode over the purchase of 820 buses for the Bus Reform Project of Lagos State may have met a stumbling block in the probe process, thus, rushing to court to file a suit challenging the restraining order suit filed by Ambode to stop the probe.
Counsel to the lawmakers, Lawal Pedro SAN, was gathered to have questioned the competence of the the suit, as well as challenging the jurisdiction of the court to hear the suit.
The counsel was said to have argued that the Ikeja High Court dies not have the jurisdiction to hear the suit.
The lawmakers sought to quash the injunction order being sought by Ambode to restrain them from probing him.
Pedro was cited to have stated: “We have filed a notice of preliminary objection, highlighting the incompetence of this suit.
“We are as well challenging the jurisdiction of the court to entertain the suit.
“We also filed a counter-affidavit and a written address for the claimant’s motion for an interlocutory injunction.”
The lawmakers counsel had also observed that Tayo Oyetibo, counsel to Ambode, filed a written reply on points of law to the lawmakers’ motion, challenging the injunction, as well as a written address in opposition to the preliminary objection.
Oyetibo was said to have confirmed receiving all the processes served on the claimant by the respondents, disclosing that Ambode had responded to the processes.
Oyetibo had remarked inter alia, “We have, however, not been served with any defence my lord, as there is nothing to defend.’’
After the submission, the presiding Judge, Justice Yetunde Adesanya adjourned the suit for hearing to January 2020.
Justice Adesanya had said, “This suit is adjourned to January 16, 2020, for hearing.’’
Ambode filed a suit against the Lagos State House of Assembly, the Speaker, Right Honourable Mudashiru Obasa, and the Clerk of the House, A.A. Sanni.
Other respondents to the suit include Fatai Mojeed, Chairman, and eight members of the Ad-hoc Probe Committee investigating the procurement of the 820 buses by Ambode.
The members of the Ad-hoc committee include Gbolahan Yishawu, A.A. Yusuf, Yinka Ogundimu, Mojisola Meranda, M.L. Makinde, Kehinde Joseph, Temitope Adewale and Olanrewaju Afinni.
Ambode went to court to seek an injunction restraining the lawmakers from compelling him to appear before the House Committee pursuant to a resolution passed by House of Assembly on August 27 as well as any other resolution passed in respect of the probe. This was after the lawmakers threatened to issue warrant of arrest on the former governor.
Ambode is also seeking another injunction to restrain the lawmakers from representing or continuing to represent to the public that he procured 820 buses in breach of budgetary approval.
He sought the court declaration that the powers of the National Assembly under Sections 103, 128 and 129 of the 1999 Constitution, as amended, does not include the power to indict him as contemplated by Sections 66(1)(h), 137(1)i and 182(1) I of the Constitution.
Ambode also asking for a court declaration that the provisions of Sections 1, 2, 3, 4, 8 and 9 of the Appropriation Law of Lagos State, 2018, requiring the approval of the House of Assembly before certain expenditure of money are incurred by the executive arm of the state government is not in accordance with constitutional provisions.