A High Court, sitting in Akure, Ondo state, has ruled that the house of assembly has no power to suspend any of its members.
It has, therefore, ordered that four members of the state House of Assembly that were on suspension be recalled immediately.
The Court, presided over by Justice Ademola Bola, on Friday, quashed the suspension of four members of the assembly that refused to sign the impeachment notice against the state Deputy Governor, Mr Agboola Ajayi.
The affected Lawmakers, the Deputy Speaker, Hon. Ogundeji Iroju, the only woman in the House, Mrs. Favour Tomomowo , Wale Williams and Tomide Akinribido representing Ondo Constituencies one and two, were suspended for refusing to sign the impeachment notice of the Deputy Governor in June.
The Assembly had initiated the impeachment of Ajayi for dumping the ruling All Progressives Congress, (APC) to join the People’s Democratic Party, (PDP).
Ajayi is now a candidate of the Zenith Labour Party, (ZLP) in the October 10 Governorship poll.
The refusal of the Lawmakers and five others, as well as the refusal of the State Chief judge, Justice O. Akeredolu to constitute a panel to investigate the allegations against the Deputy Governor, stalled the impeachment move.
Three of the suspended Lawmakers , Ogundeji, Tomomowo and Williams are members of APC, while Akinribido is the only member of the House on the platform of ZLP.
Unsatisfied by the decision of the House, led by Rt. Hon. Bamidele Oleyelogun, the suspended Lawmakers, through their lawyer, Banjo Ayelakin, sought the protection of the Court against their unlawful suspension from the House.
In his judgement, Justice Ademola Bola described the suspension as illegal, null, void, and of no effect whatsoever.
Justice Bola held that the House of Assembly, as well as other members, have no power to suspend any member of the Assembly.
The Judge, in the verdict, held that the suit which has the House of Assembly, the Speaker, the Deputy Majority Leader, Oladiji Olamide Adesanmi, the Parliamentary Secretary,, Prince Abayomi Akinruntan, and the Clerk of the House, Mr. Bode Adeyelu, as defendants violates sections 90, 91, 106 and 117 of the 1999 constitution of Nigeria.
The Court ordered that the Lawmakers should be reinstated with immediate effect and be paid a sum of N5million each as damages.
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