The Federal Court of Appeal sitting in Akure, the Ondo State capital on Tuesday dismissed the sack of a former deputy speaker of the State House of Assembly, Mr Iroju Ogundeji, ordering the respondent to be reinstated.
The judgement came four years after the suit was instituted as Ogundeji challenged his sack by the leadership of the 9th Assembly of the state, led by the former Speaker, Mr Bamidele Oloyeloogun.
Ogundeji, who represented the Odigbo Constituency 2, in the Assembly, was removed by the leadership of the House following his disagreement with the House leadership in 2020.
After his removal, the Assembly later appointed Mr Samuel Aderoboye as the deputy speaker. The latter occupied the position until the end of the 9th Assembly in 2023.
Dissatisfied with the decision of the House, the former deputy speaker, approached the state High Court to challenge the decision. The court presided over by Justice Akintan Osadebey ruled against the sack of the lawmaker and ordered the Assembly to reinstate Ogundeji as the deputy speaker of the Assembly.
According to the court, the removal of the plaintiff was illegal, holding that the lawmaker was not given a fair hearing as the purported impeachment had been carried out before a panel to investigate him was set up by the Assembly.
The judge also held that the claimant was not personally served by the impeachment proceedings, which made it a nullity.
The Assembly, through the former state Attorney General and Commissioner for Justice, Mr Titiloye Charles, proceeded to the appellate court to appeal the judgement of the lower court. The appellant argued that the high court lacked jurisdiction to hear the suit having not complied with the mandatory provision relating to pre-action notice.
However, in its unanimous verdict, the three-man appellate court of Justices Oyebisi Omoleye, Frederick Oziakpono-Oho, and Justice Yusuf Bashir, upheld the judgement of the lower court and ordered the reinstatement of Ogundeji as the state deputy speaker in the 9th Assembly.
The court also ruled that all his entitlements should be paid to him as a lawmaker and as deputy speaker of the 9th Assembly of the Sunshine State.
