Hon. Abraham Adeolu Adeleke (Speaker) & Anor. V. Oyo State House of Assembly & Ors. (2006)

LawGlobal-Hub Lead Judgment Report

AUGIE, J.C.A.

The applicant Senator Rashidi Adewolu Ladoja has applied to this court for leave to appeal against the ruling of Hon. Justice J. O. ige of the High Court of Oyo State as “an interested party or party having interest in the matter”.

The grounds for the application are as follows –

i. The applicant was elected as the Governor of Oyo State in April, 2003 and he assumed office as such in May 2003 for a 4 year term.

ii. On 13th December, 2005 a faction of 18 members of the 32 member Oyo State House of Assembly advertised a notice of gross misconduct against the applicant.

iii. In furtherance of the above, the Ag. Chief Judge of Oyo State set up a seven man investigation panel which submitted its report on 12th January, 2006 to the 18 members and who in turn purported to impeach the applicant from office.

iv. Fourteen members of the Oyo State House of Assembly were not party to the alleged impeachment of the applicant.

v. The appellants herein as Speaker and Deputy Speaker of the Oyo State House of Assembly filed the action that culminated into this appeal to stop the 18 factional members of the House from carrying through any impeachment process against the applicant.

vi. The trial court struck out the case on 23rd December 2005 on the ground of lack of jurisdiction.

vii. The interest of the applicant is deeply involved in the case.

The application is supported by a 20-paragraph affidavit filed on the 8th of February, 2006, and a further affidavit of 5 paragraphs filed on the 15th of February, 2006. Attached to the main affidavit as exhibit LAD 1 is the applicant’s notice and grounds of appeal dated 7th February, 2006, which he wants this court to also deem as properly filed and served. The two sets of respondents are opposed to the application being granted and to that end filed a number of counter-affidavits. The Oyo State House of Assembly as plaintiff/respondent filed a 14-paragraph counter-affidavit on the 8th of March, 2006 and the 1st – 18th defendants/respondents filed the following.

i. A 7-paragraph counter-affidavit filed on the 10th of February, 2006;

ii. An 8-paragraph counter-affidavit filed on the 13th of February, 2006;

iii. A 5-paragraph counter-affidavit headed further affidavit filed on the 16th of February, 2006, which were all deposed to by one Isiaka Amodu; and