APC Lawmakers Asks Court to Suspend Legislative Functions In Ekiti State

 APC Lawmakers Asks Court to Suspend Legislative Functions In Ekiti State

Eighteen lawmakers elected on the platform of the All Progressives Congress (APC) in Ekiti State has urged a Federal High Court in Lagos to suspend all legislative functions in the State House of Assembly.

The legislators, led by the embattled Speaker of the State House of Assembly, Hon. Adewale Omirin, in an ex-parte motion filed before the court presided over by Justice Saliu Saidu want all legislative functions stopped pending the final determination of a suit filed against the removal of the Speaker and his deputy from office.

The application was brought pursuant to Order 3 Rule 6, Order 26 Rule 1, 7(2), Rule 8 of the Federal High Court(Civil Procedure) Rules 2009, Section 41(c) of the Criminal Code Cap 38 LFN 2004, Section 1(1),
1(2), 40, 92(1), (2)(c), 96(1), 98(1), 99, 108(3), 192(2) & 251(2)(4) of the 1999 Constitution(as amended) and under the inherent jurisdiction of the court.

The applicants are seeking for the following reliefs:

An order restraining Hon. Dele Odugbemi(1st defendant) and Hon. Olayinka Abeni(7th defendant) from parading themselves or otherwise acting in the capacity of Speaker and Deputy Speaker, respectively, of the Ekiti State House of Assembly as same is illegal, unconstitutional and ultra vires pending the determination of the motion on notice.

An order of interim injunction restraining the 1st-7th defendants, whether by themselves or their agencies/privies, from illegally carrying out legislative functions to wit, making laws or transacting business as legislators of the Ekiti State House of Assembly, pending the hearing and determination of the motion on notice.

An order of interim injunction restraining the 12th, 13th and 14th defendants whether by themselves or by their agencies/privies, from parading themselves as commissioners of the Ekiti State Government or
transacting any business in furtherance of any assignment by the Governor(8th defendant) or his agencies/privies relating to any business of the Ekiti State Government and in particular, as regards dealing with third parties in the said capacity as same is illegal, ultra vires, null and void and of no effect, pending the hearing and determination of the motion on notice.

An order of interim injunction restraining the 8th defendant whether by himself, his agencies/privies from generally interfering in any manner with the legislative functions of the plaintiffs and particularly from recognising, dealing, associating or relating with
or assigning duties or responsibilities that would validate the illegal assumption of duties of the 12th, 13th and 14th defendants as competent commissioners of Ekiti State Government as same would constitute an infraction on the constitutional exercise of the legislative powers of the House of Assembly of Ekiti State.

An order of interim injunction restraining the 9th, 10th & 11th defendants and their contingents, servants or privies from exercising powers against the plaintiffs and their assigns or privies, other than the lawful operational use of their powers as to interrupt, retard or otherwise interfere with the constitutional exercise of the legislative functions of the plaintiffs within the premises of the Ekiti State House of Assembly Quarters.

An order of mandatory injunction compelling the defendants to grant to the plaintiffs unfettered access to their legislative quarters and or official quarters in order to carry out their constitutionally bestowed duties as Speaker, Deputy Speaker and respective capacities within the Ekiti State House of Assembly and to forthwith restore the rights, privileges and paraphernalia of their respective offices in
accordance with their constitutional rights and mandate.

Also on Wednesday Justice Saidu also granted leave to the lawmakers to serve copies of the originating summons and other court processes filed in the suit on Governor, Ayodele Fayose and twelve other defendants.

The court also gave Omirin and others leave to serve the defendants outside jurisdiction by substituted means through an advertisement in some newspapers circulating within Nigeria.

The suit was filed by the impeached Speaker, his Deputy, Adetunji Orisalade and 17 All Progressives Congress(APC) members of the House.

The defendants included: Hon. Dele Olugbemi(1st defendant), Hon. Samuel Ajibola(2nd defendant), Hon. Adeojo Alexander(3rd defendant), Hon. Adeloye Adeyinka(4th defendant), Hon. Isreal Olowo Ajiboye(5th defendant), Hon. Fatunbi Olajide(6th defendant) and Hon. Olayinka Abeni(7th defendant).

Others are; the Inspector General of Police (10th defendant), Commissioner of Police, Ekiti State (11th defendant), Owoseni Ajayi (12th defendant), Kayode Oso(13th defendant) and Chief Toyin Ojo (14th defendant).

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.

It will be recalled that Hon. Adewale Omirin and his Deputy, Hon. Adetunji Orisalade  were impeached by seven PDP Lawmakers on the 20th of Nov, 2014, on the floor of the house.

The application has been scheduled to be heard on Monday.