Court to hear Ekiti impeached speaker's suit January 7

(NIGERIA) A Federal High Court sitting in Ikoyi, Lagos presided over by Justice
Saliu Saidu, today set aside January 7, 2015 to entertain the suit filed by impeached Speaker of the Ekiti State House of Assembly, Adewale Omirin, challenging his removal from office as Speaker.

In announcing the adjournment, the judge ordered plaintiffs in the matter to effect service of all court processes on the defendants. At Mondays sitting on the matter, the court refused to grant audience to  Senior Advocate of Nigeria (SAN), Dele Adesina  who was in court to argue the case of some of the defendants.

Justice Saidu maintained that the court is not in receipt of any processes filed by the defendants as was claimed by their lawyer.

The judge in a ruling  after arguments as to whether or not to grant audience to the defendants' lawyer, said, "The defendants processes are not served on the court and as such cannot be considered for the purpose of proceedings".

It would be recalled that Omirin and 18 other members of the House, had filed an ex-parte motion seeking to stop legislative functions in the State House of Assembly, pending the determination of the suit he instituted against his removal from office.

In the application brought pursuant to Order 3 Rule 6, Order 26 Rule 1, 7 (2), Rule 8 of the Federal High Court(Civil Procedure) Rules 2009, Section 41(c) of the Criminal Code Cap 38 LFN 2004, Section 1(1), 1(2), 40, 92(1), (2)(c), 96(1), 98(1), 99, 108(3), 192(2) & 251(2)(4) of the 1999 Constitution(as amended) and under the inherent jurisdiction of the Court, brought before Justice Saliu Saidu, the embattled Speaker wants the judge to issue, "An order restraining Hon. Dele Odugbemi (1st defendant) and Hon. Olayinka Abeni (7th defendant) from parading themselves or otherwise acting in the capacity of Speaker and Deputy Speaker, respectively, of the Ekiti State House of Assembly as same is illegal, unconstitutional and ultra vires pending the determination of the motion on notice.

"An order of interim injunction restraining the 1st-7th defendants,
whether by themselves or their agencies/privies, from illegally
carrying out legislative functions to wit, making laws or transacting
business as legislators of the Ekiti State House of Assembly, pending
the hearing and determination of the motion on notice.

"An order of interim injunction restraining the 12th, 13th and 14th
defendants whether by themselves or by their agencies/privies, from
parading themselves as commissioners of the Ekiti State Government or transacting any business in furtherance of any assignment by the
Governor (8th defendant) or his agencies/privies relating to any business of the Ekiti State Government and in particular, as regards dealing with third parties in the said capacity as same is illegal, ultra vires, null and void and of no effect, pending the hearing and determination of the motion on notice.

"An order of interim injunction restraining the 8th defendant whether by himself, his agencies/privies from generally interfering in any manner with the legislative functions of the plaintiffs and particularly from recognising, dealing, associating or relating with or assigning duties or responsibilities that would validate the illegal assumption of duties of the 12th, 13th and 14th defendants as competent commissioners of Ekiti State Government as same would constitute an infraction on the constitutional exercise of the legislative powers of the House of Assembly of Ekiti State.

"An order of interim injunction restraining the 9th, 10th & 11th defendants and their contingents, servants or privies from exercising powers against the plaintiffs and their assigns or privies, other than the lawful operational use of their powers as to interrupt, retard or otherwise interfere with the constitutional exercise of the legislative functions of the plaintiffs within the premises of the Ekiti State House of Assembly Quarters.

"An order of mandatory injunction compelling the defendants to grant to the plaintiffs unfettered access to their legislative quarters and or official quarters in order to carry out their constitutionally bestowed duties as Speaker, Deputy Speaker and respective capacities within the Ekiti State House of Assembly and to forthwith restore the rights, privileges and paraphernalia of their respective offices in accordance with their constitutional rights and mandate."

Defendants in the application are; Hon. Dele Olugbemi(1st defendant), Hon.
Samuel Ajibola(2nd defendant), Hon. Adeojo Alexander(3rd defendant), Hon. Adeloye Adeyinka(4th defendant), Hon. Isreal Olowo Ajiboye(5th
defendant), Hon. Fatunbi Olajide(6th defendant) and Hon. Olayinka Abeni (7th defendant).

Others are; the Inspector General of Police(10th defendant), Commissioner of Police, Ekiti State(11th defendant), Mr. OwoseniAjayi(12th defendant), Mr. Kayode Oso(13th defendant) and Chief Toyin Ojo (14th defendant).