Joseph Okwuofu, Ibadan.
The Federal Appeal Court, Ibadan Division, on Tuesday dismissed the appeal filed by the former Oyo State Deputy Governor, Engr. Rauf Olaniyan, who was impeached on July 18, 2022 over allegations of gross misconduct and financial impropriety.
Sequel to the Constitution of the 7-man panel led by Chief Christopher Kayode, which on July 16, 2022 found Olaniyan guilty of the allegations levied against him, the Oyo State House of Assembly on July 18 ratified the removal, while announcing Chief Bayo Lawal as the new Deputy to Governor Seyi Makinde.
Dissatisfied, Olaniyan, through his lawyer, Chief Afolabi Fasanu (SAN), approached Justice Bayo Taiwo of Oyo state High Court, praying it to nullify the impeachment, citing “constitution of the panel by the then Chief Judge, Justice Munta Abimbola as improper; the sitting of the panel, unconstitutional; and that the House of Assembly did not follow the constitutional provision of 2/3 majority of the members signing the impeachment notice”.
Lawyers Samuel Oyadoyin, D.D. Owoeye and Ilesanmi Kalejaye (of Kunle Kalejaye, SAN Chambers), who represented the Oyo State House of Assembly and the Clerk of the House as 1st and 2nd defendants, had however argued that the House of Assembly “is an independent body from the judiciary which can conduct its affairs as it deems proper”. It added that “section 101 of the Constitution of the Federal Republic of Nigeria empowers the House of Assembly to adopt any procedure, and regulate it to suit its objectives. Voice vote is a vote”, it stressed.
On September 1, 2022, however, the court declared the impeachment constitutional and in order, while dismissing the Originating Summons filed against the impeachment.
Still dissatisfied, Olaniyan approached the Appeal Court in the case with suit No: CA/IB/136/2023, asking it to upturn the decision of the High Court and declare his impeachment illegal and unconstitutional. He was represented yesterday by Chief Afolabi Fasanu (SAN), Kazeem Gbadamosi (SAN) and Adebayo Ojo (SAN).
In their respondent’s brief, the House of Assembly and its Clerk had among others argued through their lawyers that: “It is trite law that the court is not to be subjected to the indignity of the deletion or striking down of any of its parts. We pray Your Lordships to reject the present invitation to introduce a dichotomy between voice votes and other systems of voting into the 1st respondent’s rules of procedure and by implication to the grundnorm, that is, the Constitution of the Federal Republic of Nigeria, 1999 (As Amended)”. It urged the court “to dismiss this appeal with substantial cost against the Appellant but in favour of the 1st and 2nd Respondents”.
In their judgment read by Justice Gabriel Omoniyi Kolawole, adopted by Justices Yargata Byanchit Nimpar and B. F. Suberu, the three-man panel of Judges held that it concurred with the decision of the trial court that the procedure for the removal of Engr. Rauf Olaniyan, former Deputy Governor of Oyo state, “is primarily the internal affairs of the Oyo State House of Assembly. And that by the provision of section 101 of the Constitution of the Federal Republic of Nigeria, the House of Assembly of Oyo state has the power to regulate its own procedure including the power to determine the system of voting to be adopted in an impeachment procedure”.
The court also held that it would not interfere or probe into the procedure, and thereby dismissed the appeal.
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