Romanus Okoye
Lagos State lawmakers probing former governor Akinwunmi Ambode over purchase of 820 buses as part of the bus reform project of the state yesterday said the suit he filed against them lacks merit.
The lawmakers also said the court lacks jurisdiction to entertain the suit.
The lawmakers, represented by Mr. Lawal Pedro, a Senior Advocate of Nigeria (SAN), are opposing an injunction Ambode seeks to restrain them from probing him.
“We have filed a notice of preliminary objection, highlighting the incompetence of this suit. We are, as well, challenging the jurisdiction of the court to entertain the suit. We also filed a counter-affidavit and a written address to the claimant’s motion for an interlocutory injunction,” Pedro said.
He noted that Ambode, through his counsel, Mr. Tayo Oyetibo, filed a written reply on points of law to the lawmakers’ motion, challenging the injunction, as well as a written address in opposition to the preliminary objection.
Oyetibo confirmed receiving all the processes served by the respondents. “We have, however, not been served with any defence, my lord, as there is nothing to defend,” Oyetibo said.
Justice Yetunde Adesanya adjourned the suit till January 16, 2020 for hearing.
Ambode had filed a suit against the Lagos State House of Assembly, its Speaker, Mr. Mudashiru Obasa, and the House Clerk, Mr. A.A. Sanni.
Other respondents to the suit are Mr. Fatai Mojeed, the Chairman of the Ad-hoc Committee set up by the House to probe the procurement of the buses, and eight members of the committee.
They are Mr. Gbolahan Yishawu, Mr A.A. Yusuf, Mr. Yinka Ogundimu, Mrs Mojisola Meranda, Mr. M.L. Makinde, Mr. Kehinde Joseph, Mr. Temitope Adewale and Mr. Olanrewaju Afinni.
Ambode seeks an injunction restraining the lawmakers from compelling him to appear before them pursuant to a resolution passed by House of Assembly on August 27, as well as any other resolution passed in respect of the probe.
The former governor seeks another injunction restraining the respondents from representing or continuing to represent to the public that he procured 820 buses in breach of budgetary approval.
He wants a court declaration that the powers of the Assembly under Sections 103, 128 and 129 of the 1999 Constitution, as amended, do not include the power to indict him as contemplated by Sections 66 (1)(h), 137 (1)i and 182(1)i of the Constitution.
Also, he seeks a court declaration that the provisions of sections 1, 2, 3, 4, 8 and 9 of the Appropriation Law of Lagos State, 2018, requiring approval of the House of Assembly before certain expenditure of money is incurred by the executive arm of the state government is not in accordance with constitutional provisions.