Wednesday, December 10, 2014 4:11 pm
A Federal High Court in Lagos on Wednesday fixed Dec. 15 to hear a suit filed by the impeached Speaker of the Ekiti State House of Assembly, Adewale Omirin, challenging his impeachment.
Justice Saliu Saidu also granted the plaintiff leave to serve copies of the originating processes on the 12 defendants.
The judge granted the plaintiff leave to serve the defendants with the processes, outside their jurisdiction by substituted means, which is by placing advertisements in some national dailies
The News Agency of Nigeria (NAN) reports that the suit was filed by Omirin, his Deputy, Adetunji Orisalade, alongside 17 other members of the All Progressives Congress (APC) of the House.
Joined as defendants in the suit are: Dele Olugbemi, Samuel Ajibola, Adeojo Alexander, Adeloye Adeyinka, Israel Ajiboye, Fatunbi Olajide and Olayinka Abeni.
Others are : the Inspector General of Police, the Commissioner of Police, Ekiti State, Mr Owoseni Ajayi, Mr. Kayode Oso and Chief Toyin Ojo.
The plaintiffs had filed the suit, seeking to stop legislative functions in the Assembly, pending the determination of the suit.
The application was brought pursuant to the Federal High Court (Civil Procedure Rules 2009, the Criminal Code and the 1999 Constitution (as amended).
In the application, the plaintiffs are seeking an order restraining Dele Olugbemi and Abeni, from parading themselves as Speaker and Deputy Speaker, respectively, of the Ekiti State House of Assembly.
They also want an order of interim injunction restraining them, whether by themselves or their privies, from illegally carrying out legislative functions of the Assembly, pending the determination of the motion on notice.
Besides, the applicants are seeking an order of interim injunction restraining the 10th to 12th defendants from parading themselves as Commissioners of Ekiti State, or transacting any business in furtherance thereof.
They are also seeking an order of mandatory injunction, compelling the defendants to grant them unfettered access to their legislative quarters, in order to carry out their constitutionally bestowed duties.
The applicants also want an order restoring the rights and privileges of their respective offices, in accordance with their constitutional mandate.
Justice Saidu had fixed Dec. 15 for hearing of the motion on notice.
In the suit, the plaintiffs are claiming that their constitutional obligations are directly being affected for as long as the infraction in the house is permitted to continue.
Omirin and his Deputy, Orisalade, were impeached by seven PDP lawmakers on Nov. 20 on the floor of the Ekiti State House of Assembly.