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Ambode's Summons: Court Directs Lagos House Of Assembly To Maintain Status Quo

AKINWUNMI AMBODE 

BY FRANCIS IWUCHUKWU 


IKEJA, LAGOS STATE,  NIGERIA - A Lagos State High Court sitting in Ikeja,  on Wednesday, October 30, 2019, ordered the Lagos State House of Assembly to maintain the Statusqo in the probe of the immediate past governor of Lagos State,  Akinwunmi Ambode. 


The court,  presided over by Justice Yetunde Adesanya,  arrived at the decision during the proceedings to entertain the motion for interlocutory injunction filed by former Governor Akinwunmi Ambode,  dated October 28, 2019, before the court. 


During proceedings on the matter,  Tayo Oyetibo (SAN) counsel to Akinwunmi Ambode, had confirmed service of the said motion for interlocutory injunction on the respondents as earlier directed by the court. 


Tayo Oyetibo therefore expressed his readiness to move same. 


In opposition to the motion for interlocutory injunction, counsel to the respondents,  Oshinowo Adenike stated that they were served with the Motion very late on October 29, 2019 and would be needing an adequate time to regularise the position of the respondents. 


Justice Yetunde Adesanya adjourned the matter until November 20, 2019 at the instance of parties. 


It would be recalled that Justice Yetunde Adesanya had directed the service of the motion for interlocutory injunction on the Speaker of the Lagos State House of Assembly, Mudashiru Obasa, and the House of Assembly,  which is presently probing immediate past Governor Akinwunmi Ambode over the procurement of 820 buses when he held sway. 


Prior to this time,  former Governor Akinwunmi Ambode had instituted a suit against the House of Assembly to contest the constitutionality of the probe of the buses which were procured based on budgetary approval as part of the Bus Reform Project of the State Government designed to revolutionize public transportation in line with global best practices.


Other respondents in the suit are the Clerk of the House, Mr. A.A Sanni; Chairman of the Ad hoc Committee set up by the House to probe the procurement, Fatai Mojeed and members of the Committee. 


The members of the Committe joined as respondents includes: Gbolahan Yishawu, A.A Yusuff, Yinka Ogundimu, Mojisola Lasbat Meranda, M.L Makinde, Kehinde Joseph, T.A Adewale and O.S Afinni.


Justice Yetunde Adesanya had specifically ordered the service of the originating processes and all the accompanying processes filed by Akinwunmi Ambode on the respondents.


According to his statement of claim before the court, Akinwunmi Ambode said contrary to deliberate misrepresentation of facts by the lawmakers, the procurement of the 820 buses was well captured in the 2018 Appropriation Law which was duly approved by the House.


“In section 1 of the Bill, the 1st Defendant (House of Assembly) authorized  the total Budget for the year 2018 to be One Trillion, Forty Six Billion, One Hundred and Twenty One Million, One Hundred and Eighty-One Thousand, Six Hundred and Eighty Naira (N1,046,121,181,680.00) comprising the sum of Three Hundred and Forty Seven Billion, Thirty-Eighty Million, Nine Hundred and Thirty-Eight Thousand, Eight-Hundred and Seventy-Two Naira (N347,038,938,872.00) only and Six Hundred and Ninety-Nine Billion, Eighty-Two Million, Two Hundred and Forty-Two Thousand, Eight Hundred and Eighty Naira (N699,082,242,808.00) only as the Recurrent and Capital Expenditures respectively.


“Part of the items authorized by the Bill under Capital Expenditure was: “LAGBUS Public Transport Infrastructure (MEPB); Part financing of 820 buses” which was item 8 under schedule 1- Part C of the Bill,” the former Governor averred.


Former Governor Akinwunmi Ambode added that having prescribed the manner of withdrawal of funds in sections 3 and 4 of the 2018 Appropriation Law, it was unconstitutional for the House to attach another condition in section 9 of the law for further approval to be sought before incurring any expenditure on the purchase of the buses.  


Highlighting the specific breach of his constitutional rights to fair hearing by the House, the former Governor said on August 27, 2019 during proceedings of the Assembly, some lawmakers thoroughly vilified and disparaged him as having purchased the buses without budgetary approval and that the procurement was a waste of public funds, while at the end of the proceedings, the House resolved to constitute an Ad Hoc Committee to probe the procurement.


Former Governor Akinwunmi Ambode said it was surprising that the very lawmakers who contributed actively in vilifying, disparaging and denigrating him constituted the bulk of the members of the Committee, which was a clear derogation of his right to fair hearing.


Former Governor Akinwunmi Ambode added that in continuation of deliberate misrepresentation of facts of the issue, the House falsely claimed that an invitation had been extended to him to appear before the Committee but that he failed to honour the said invitation.


“On Thursday 10th October, 2019, the 4th and 5th Defendants (Mojeed and Yishawu) who are Chairman and member of the Committee respectively set up by the 1st Defendant pursuant to the provisions of section 129 of the Constitution again raised on the floor of the House an allegation that the Claimant (Ambode) was invited to appear before the Committee but that he failed to do so whereupon the 2nd Defendant (Speaker) ruled that a warrant of arrest would be issued against the Claimant if he refuses to appear before the Committee. 


“The Claimant states that no letter of invitation was delivered to him before the 4th and 5th Defendants made the false allegation against the Claimant which was widely reported by various national Newspapers in the country.


“Further to the foregoing paragraphs, the 1st Defendant had also invited some of the former Commissioners who served under my Government to appear before the 1st Defendant on Tuesday 15th October 2019. 


"These included former Commissioners for Energy, Agriculture and Economic Planning and Budget respectively amongst others.


“After the proceedings of the Committee on 15th October 2019, the 1st Defendant represented to the public that the former Commissioners that appeared before it had indicted me in their testimonies. The information was widely published by National newspapers on Wednesday 16th October 2019.


“Contrary to the information made to the public by the 1st Defendant, the said former Commissioners for Energy and Economic Planning and Budget who were represented by the 1st Defendant to have indicted me, made public statements on Thursday 17th October 2019 denying that they ever indicted me in their testimonies before the Committee. 


"The denials were widely published by online newspapers on Thursday 17th October 2019 and national newspapers on Friday 18th October 2019.


“The 1st Defendant falsely represented to the public that the said Commissioners indicted me in their testimonies before the Committee so as to justify my indictment by the 1st Defendant which indictment members of the 1st Defendant had hitherto threatened to carry out,” Akinwunmi Ambode averred.


Akinwunmi Ambode added that the House Committee and indeed the entire members of the House had already adjudged him as having committed wastage of public fund by the procurement of the buses in question and had also already determined that the procurement was done by him as opposed to the State Government.


Akinwunmi Ambode said it was obvious that the lawmakers were totally biased against him having regard to their pronouncements on the floor of the House by reason of which he believes that his right to fair hearing as guaranteed by the Constitution had been seriously compromised by the defendants.   


Former Governor Akinwunmi Ambode is,  therefore, seeking among others, the court’s declaration that the power of the House to pass a resolution under section 128(1) of the Constitution to cause an inquiry into his conduct as Governor is subject to right to fair hearing as guaranteed by section 36(1) of the Constitution.


Akinwunmi Ambode also wants a declaration that the Resolution of the House setting up a 9-Man Committee comprising of the 4th-12th Defendants to investigate all transactions in respect of the 820 Buses said by the defendants to have been procured by him derogates from his right as guaranteed by section 36(1) of the Constitution and therefore is unconstitutional, null and void.


Other claims are: “A DECLARATION that having regard to the provisions of sections 1, 2, 3 and 4 of the Appropriation Law of Lagos State 2018, sections 8 and 9 of the Law which required the approval of the House of Assembly of Lagos State before certain expenditure of money is incurred by the Executive Branch of the State is not in accord with any provision of the Constitution and accordingly is unconstitutional, null and void.


“A DECLARATION that it is not lawful for the Defendants to represent or continue to represent to the Public that the Claimant, AKINWUNMI AMBODE, procured 820 buses in breach of budgetary approval.


“A DECLARATION that the powers of the 1st Defendant under sections 103, 128 and 129 of the Constitution of the Federal Republic of Nigeria, 1999 as amended does not include power to indict the Claimant as contemplated by sections 66(1)(h), 137(1)i and 182(1)i of the Constitution of the Federal Republic of Nigeria 1999, as amended.


“AN INJUNCTION restraining the Defendants whether by themselves, their servants, agents and or representatives from compelling the Claimant, in any manner whatsoever, to appear before the Defendants pursuant to the Resolution passed by the Defendants on 27th August 2019 or any other Resolution passed in respect of the subject matter of this Suit.


“AN INJUNCTION restraining the Defendants whether by themselves, their servants, agents and or representatives from representing or continue to represent to the Public that the Claimant, AKINWUNMI AMBODE, procured 820 buses in breach of budgetary approval.”


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