The Ondo State High Court in Akure
adjourned an impeachment case initiated by the ousted Deputy Governor of
Ondo State, Alhaji Ali Olanusi, for a substantive hearing on November
3rd, 2015.
Mr. Alhaji Olanusi is seeking the
nullification of his impeachment by the State House of Assembly on the
grounds that the process did not follow constitutional law.
Mr. Olansui's Counsel, Jide Ajana
told journalists that the procedure used to impeach the former Deputy
Governor was against the intent of the 1999 Constitution as amended.
Mr. Ajana also claimed that the
Lead Prosecutor of the impeachment, Olatunji Stanley Adeniyan, did not
provide Mr. Olanusi a fair hearing prior to the commencement of the
impeachment proceedings.
An investigation panel was
organized to examine the various allegations of misconduct leveled
against Mr. Olanusi. Mr. Ajana noted that this panel did not provide
Mr. Olanusi with sufficient time to appear before it.
Zeril Akinsola, the Counsel to
the defendants, raised an objection against Mr. Ajana representing Mr.
Olanusi. Mr. Ajana was the former Attorney General of Ondo State, and
therefore Mr. Akinsola argued, his representation of Mr. Olanusi was a
conflict of interest.
However, Justice Olamide ruled
that the counsel of Mr. Olanusi was fit to represent the complainant,
and added that the objection lacked merit.
In an interview with reporters,
Mr. Ajana noted that the Constitution is clear on the process of the
impeachment adding that the impeachment process of his client did not
follow the law.
"They [the Impeachment Panel]
didn't even attempt to follow the letter and spirit of the Constitution
in this so called ‘impeachment’. When
this is done, where there is such failure to abide by the
constitutional process, the court has jurisdiction to intervene and to
restore order. By restore
order, I mean the court has the jurisdiction to restore the purportedly
impeached person back to his seat. And that is the situation in this
case.”
Mr. Ajana continued, “The constitution
spells out a time frame within which this process should be completed.
When this particular impeachment was conducted the Deputy Governor [Mr.
Olanusi] was not available, and was not even served personally.Even
during a summons for impeachment you are provided eight days to
respond. My client [Mr. Olanusi] was not even provided this time.
Therefore the panel failed to follow the law.”
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