Former Governor of Lagos State, Mr. Akinwunmi Ambode, has asked the state High Court to stop the bid by the state House of Assembly to probe him.
In a suit instituted by his counsel, Mr. Tayo Oyetibo SAN, the former governor is also asking the court to order the Assembly not to compel him in any manner whatsoever, to appear before it pursuant to the resolution passed by the lawmakers (defendants) on August 27, 2019 or any other resolutions.
The court has, however, ordered the Speaker of the House of Assembly, Hon. Mudashiru Obasa, to appear before it in connection with the ongoing probe of procurement of 820 buses by the Ambode administration.
Ambode is also asking the court for an injunction to stop the lawmakers from representing or continuing to represent to the public that he procured 820 buses in breach of budgetary approval.
The Lagos State House of Assembly had asked Ambode to appear before its committee at 1p.m today (Wednesday), to clear issues on some financial transactions that took place under his administration.
Obasa had constituted a 16-member ad-hoc committee under the chairmanship of Hon. Fatai Mojeed (Ibeju-Lekki I) to probe the procurement of the 820 high-occupancy vehicles, bought by the Ambode administration under its Bus Reform Initiative (BRI).
Apart from the bus procurement probe, the speaker had also mandated the ad-hoc committee to investigate other iconic projects – Imota Rice Mill, Oshodi Transport Exchange and LED-UK Streetlight project, among others, which Ambode executed in the second half of his administration.
But, in a move which may stall the committee’s hearing, Ambode has asked the court to declare that the power of the state Assembly to pass a resolution, under Section 128(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to direct an investigation into his conduct whilst being governor was subject to his right to a fair hearing as guaranteed by Section 36(1) of the constitution.
Ambode also asked the court to declare the resolution to investigate all transactions in respect of the 820 buses allegedly bought by him derogated his right as guaranteed by Section 36(1) of the constitution and therefore was unconstitutional null and void.
He also asked the court for a declaration that “having regard to the provisions of sections 1, 2, 3 and 4 of the Appropriation Law of Lagos State 2018, Sections 8 and 9 of the law, which required the approval of the House of Assembly of Lagos State before certain expenditure of money is incurred by the executive branch of the state is not in accord with any provision of the constitution and accordingly is unconstitutional null and void.”
Another relief sought by him is that it was unlawful for the defendants to represent or continue to represent to the public that he procured 820 buses in breach of budgetary approval.
Listed as defendants in the suit are the Lagos State House of Assembly, the Speaker of the Assembly, the Clerk of the Assembly and members of the ad-hoc committee investigating him.
Meanwhile, in an order dated October 29, 2019 issued by Justice Y.A Adesanya after hearing a motion ex-parte moved by Oyetibo, the judge ordered the defendants to appear before the court today.
Those summoned to appear before the court are the Speaker, Obasa; House Clerk, Mr. A.A Sanni; Chairman of the Ad hoc Committee set up by the House to probe the procurement, Mojeed, and members of the committee – Gbolahan Yishawu, A.A Yusuff, Yinka Ogundimu, Mojisola Lasbat Meranda, M.L Makinde, Kehinde Joseph, T.A Adewale and O.S Afinni.
Justice Adesanya ordered the originating summon and all the accompanying processes filed by the claimant (Ambode) to be served on the defendants and subsequently fixed today for hearing of motion for interlocutory injunction.