Lagos court orders Lagos Assembly to stop former governor’s probe
Following a case filed by former governor of Lagos State, Akinwumi Ambode, against the Lagos State House of Assembly, a Lagos High Court in Ikeja has ordered the legislators to halt probe of the former Governor pending the determination of the case filed.
The court adjourned the matter brought before it by Ambode, against the Speaker of the State House of Assembly, Mudashiru Obasa in connection with the ongoing probe of procurement of 820 buses by Ambode’s administration.
Justice Adesanya adjourned till 20th of November, 2019 for the respondents in the matter to respond to the plaintiff’s application.
Adesanya had on 29th, October 2019 ordered the Speaker and some members of State House of Assembly to appear before the court after hearing a motion ex-parte moved by Ambode’s lawyer, Tayo Oyetibo (SAN).
Other defendants are the Clerk of the House, A. A. Sanni, who signed the newspaper ads, inviting Ambode to the House by 2pm; Chairman of the Ad hoc Committee set up by the House to probe the procurement, Fatai Mojeed; and members of the Committee: Gbolahan Yishawu, A. A. Yusuff, Yinka Ogundimu, Mojisola Lasbat Meranda, M. L. Makinde, Kehinde Joseph, T. A. Adewale and O. S.
The lead counsel to the respondents, Adenike Oshinowo prayed the court to give them time to respond to the application because it was received late.
“We were served the notice very late yesterday and we shall be opposing the application and we are asking for a date,” she said.
Following the adjournment, Justice Adesanya, also ordered the parties to maintain the status quo pending the outcome of the case.
The former Governor had instituted a suit against the 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.
According to his statement of claim before the court, 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,” he said.
He 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.
He 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.
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.