Justice Yetunde Adesanya of the Lagos State High Court in Ikeja on Wednesday ordered former Governor Akinwunmi Ambode and the State’s House of Assembly to maintain status quo pending the hearing and determination of the suit filed by the ex-governor over an ongoing probe in to his administration.
Justice Adesanya gave the order following a request from the lawyer to the lawmaker, Mrs. Adenike Oshinowo, for more time to respond to the motion on notice.
Ambode had gone before the court, seeking an injunction restraining the lawmakers whether by themselves, their servants, agents and or representatives from compelling him, in any manner whatsoever, to appear before them pursuant to the Resolution passed by the House on 27th August 2019 or any other Resolution passed in respect of the subject matter of this Suit.
The former Governor is also praying the court to bar the Defendants from representing or continue to represent to the public that he procured 820 buses in breach of budgetary approval.”
When the case came up for hearing on Wednesday, the counsel to Ambode, Tayo Oyetibo (SAN), informed the court of his pending application for interlocutory injunction, saying that same had been served on the defendants.
But Oshinowo pleaded for more time to file her opposition to the suit.
She informed the judge that the processes were served on the respondents at about 6 pm on Tuesday.
Mrs Oshinowo specifically requested for two weeks to filed her respond.
Oyetibo did not object to the applicatio but urged the Court to direct parties to maintain status quo.
Justice Adesanya said “it goes without saying” and called on Mrs Osinowo for her response who also agreed that status quo would be maintained by the Defendants.
The court then adjourned the matter to November 20 2019 for the hearing of the motion on Notice for interlocutory injunction.
With the ruling, the former Governor cannot be summoned to appear again before the House probe panel as both parties have agreed to maintain status quo till the new hearing date.
According to Ambode statement of claim, 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 N1.1 Trillion.
The budget comprising the sum of N348 billion only and N699 billion 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.
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.
“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,” Ambode averred.
He 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.
He 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.
He 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.
He 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.