On Tuesday, the Court of Appeal sitting in Akure, the Ondo State capital, reinstated Hon. Iroju Ogundeji as the Deputy Speaker of the State House of Assembly, a year after the end of his previous term.
In a unanimous ruling, Justices Oyebisi Folayemi Omoleye, Frederick Oziakpono-Oho, and Yusuf Alhaji Bashir upheld Justice Akintan Osadebey’s decision to reinstate the two-term lawmaker who represented the Odigbo state constituency.
Ogundeji had been suspended and later removed from his position as Deputy Speaker by the Assembly under the leadership of former Speaker Hon. David Bamidele Oleyeloogun. He served the remainder of his term in suspension.
Aggrieved by this action, Ogundeji, through his lawyer Oluwanike Omotayo Esq, challenged the suspension and removal in court, arguing that the Assembly’s actions were invalid as they did not adhere to constitutional requirements. Omotayo contended that the impeachment violated Order Two, Section 9 (1-10) of the Assembly’s rules, which mandates a two-thirds majority for the removal of any principal officer.
Justice Osadebey ruled in favor of Ogundeji, declaring the removal as illegal, null, and void. The judge noted that Ogundeji had not been given a fair hearing, as the impeachment proceedings occurred before a panel was established to investigate him. The court also found that Ogundeji was not personally served with impeachment documents, and the process lacked a parliamentary resolution and proper member attendance.
The court ordered Ogundeji’s immediate reinstatement, the payment of all his entitlements, and the restoration of his office paraphernalia. The appointment of his successor, Aderoboye, was also deemed invalid. Additionally, the court awarded Ogundeji N10 million in damages for the humiliation suffered during the impeachment and suspension.
Dissatisfied with the lower court’s decision, the Assembly appealed, with then Attorney General and Commissioner for Justice Titiloye Charles arguing that the trial court lacked jurisdiction due to non-compliance with pre-action notice requirements.
The appellate court dismissed the Assembly’s appeal and confirmed the lower court’s decision, mandating the payment of all entitlements to Ogundeji as both a lawmaker and Deputy Speaker of the ninth Assembly.