Impeached Ondo deputy Gov, Olanusi loses legal battle to return

The hope of the impeached Deputy Governor of Ondo State, Alhaji Ali Olanusi to return to his office has been dash by the Federal High Court sitting in Lagos.

Olanusi had instituted a suit to challenge his impeachment by the State House of Assembly on April 27, 2015.

The court presided over  by Justice Mohammed Idris, in its judgment on a fundamental human rights enforcement dismissed the suit but partly upheld the objection raised by the defendants and ruled that the Federal High Court (FHC) lacked the jurisdiction to entertain the suit.

Olanusi had sued the Inspector General of Police and the chairman of the seven-man investigative panel which found him guilty of impeachable offences, Olatunji Adeniyan.

Justice Idris held that a careful look at the suit revealed that the main case was one principally challenging the action of a state agency, and at such, the FHC lacked the jurisdiction to hear the claim.

The suit was initially filed before the FHC Akure division but was transferred to Lagos owing to the fact that the Akure division had joined the ongoing long vacation of the FHC.

While arguing the case, Olanusi, through his lawyer, Olukoya Ogungbeje, had contended that the Adeniyan-led panel breached his fundamental right to fair hearing. Ogungbeje added that “the sitting, conclusion of proceedings and submission of report by the panel within one day” denied Olanusi his right to fair hearing as enshrined in Section 36 of the 1999 Constitution.

He further claimed that the impeachment panel did not give Olanusi adequate time and facility to defend himself against the allegations of misconduct which he was found guilty of.

He also alleged that the Adeniyan-led panel failed to personally serve him with the notice of the allegation of misconduct before proceeding into hearing and reaching its verdict.

He, therefore, sought an order quashing the proceedings and the report of the Adeniyan-led seven man impeachment panel which recommended Olanusi for impeachment.

He also sought an order nullifying Olanusi`s removal as the Ondo State Deputy Governor by the state House of Assembly on April 27, 2015.

But in a preliminary objection, the Attorney General of Ondo State,

Eyitayo Jegede had urged the court to discountenance Olanusi’s arguments and strike out his suit.

Jegede, who described Olanusi’s suit as an abuse of court processes, said the ex-deputy governor goofed by approaching the court through a fundamental right enforcement application to challenge his impeachment.

Pointing out that Olanusi’s application was not filed in compliance with Order X Rule 1 of the fundamental rights enforcement procedure 2009, Jegede said the suit was defective and urged the court to strike it out.