A Lagos High Court in
Ikeja on Tuesday ordered the Speaker of the State House of Assembly, Mudashiru
Obasa to appear before it in connection with the ongoing probe of procurement
of 820 buses by the administration of former Governor of the State, Mr.
Akinwunmi Ambode.
The former Governor had
instituted a
suit against the Assembly to contest the constitutionality of the
probe of the buses which were procured based on budgetary approval as part of
the Bus Reform Project of the State Government designed to revolutionize public
transportation in line with global best practices.
In an order dated 29th
October, 2019 issued by Justice Y.A Adesanya after hearing a motion ex-parte
moved by Ambode’s lawyer, Tayo Oyetibo (SAN), other defendants ordered to
appear before the court at my 9am on Wednesday October 30 are House Clerk, Mr
A.A Sanni; Chairman of the Ad hoc Committee set up by the House to probe the
procurement, Fatai Mojeed and members of the Committee. They are 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 processes and all the accompanying processes filed by
the claimant (Ambode) to be served on the defendants and subsequently fixed
Wednesday October 30, 2019 for hearing of motion for interlocutory injunction.
According to his
statement of claim before the court, Ambode said contrary to deliberate
misrepresentation of facts by the lawmakers, the procurement of the 820 buses
was well captured in the 2018 Appropriation Law which was duly approved by the
House.
“In section 1 of the
Bill, the 1st Defendant (House of Assembly) authorized the total Budget
for the year 2018 to be One Trillion, Forty Six Billion, One Hundred and Twenty
One Million, One Hundred and Eighty-One Thousand, Six Hundred and Eighty Naira
(N1,046,121,181,680.00) comprising the sum of Three Hundred and Forty Seven
Billion, Thirty-Eighty Million, Nine Hundred and Thirty-Eight Thousand,
Eight-Hundred and Seventy-Two Naira (N347,038,938,872.00) only and Six Hundred
and Ninety-Nine Billion, Eighty-Two Million, Two Hundred and Forty-Two
Thousand, Eight Hundred and Eighty Naira (N699,082,242,808.00) only as the
Recurrent and Capital Expenditures respectively.
“Part of the items
authorized by the Bill under Capital Expenditure was: “LAGBUS Public Transport
Infrastructure (MEPB); Part financing of 820 buses” which was item 8 under
schedule 1- Part C of the Bill,” the former Governor averred.
He added that having
prescribed the manner of withdrawal of funds in sections 3 and 4 of the 2018 Appropriation
Law, it was unconstitutional for the House to attach another condition in
section 9 of the law for further approval to be sought before incurring any
expenditure on the purchase of the buses.
Highlighting the
specific breach of his constitutional rights to fair hearing by the House, the
former Governor said on August 27, 2019 during proceedings of the Assembly,
some lawmakers thoroughly vilified and disparaged him as having purchased the
buses without budgetary approval and that the procurement was a waste of public
funds, while at the end of the proceedings, the House resolved to constitute an
Ad Hoc Committee to probe the procurement.
He said it was
surprising that the very lawmakers who contributed actively in vilifying,
disparaging and denigrating him constituted the bulk of the members of the
Committee, which was a clear derogation of his right to fair hearing.
Ambode added that in
continuation of deliberate misrepresentation of facts of the issue, the House
falsely claimed that an invitation had been extended to him to appear before
the Committee but that he failed to honour the said invitation.
“On Thursday 10th
October, 2019, the 4th and 5th Defendants (Mojeed and Yishawu) who are Chairman
and member of the Committee respectively set up by the 1st Defendant pursuant
to the provisions of section 129 of the Constitution again raised on the floor
of the House an allegation that the Claimant (Ambode) was invited to appear
before the Committee but that he failed to do so whereupon the 2nd Defendant
(Speaker) ruled that a warrant of arrest would be issued against the Claimant
if he refuses to appear before the Committee.
“The Claimant states
that no letter of invitation was delivered to him before the 4th and 5th
Defendants made the false allegation against the Claimant which was widely
reported by various national Newspapers in the country.
“Further to the
foregoing paragraphs, the 1st Defendant had also invited some of the former
Commissioners who served under my Government to appear before the 1st Defendant
on Tuesday 15th October 2019. These included former Commissioners for Energy,
Agriculture and Economic Planning and Budget respectively amongst others.
“After the proceedings
of the Committee on 15th October 2019, the 1st Defendant represented to the
public that the former Commissioners that appeared before it had indicted me in
their testimonies. The information was widely published by National newspapers
on Wednesday 16th October 2019.
“Contrary to the
information made to the public by the 1st Defendant, the said former
Commissioners for Energy and Economic Planning and Budget who were represented
by the 1st Defendant to have indicted me, made public statements on Thursday
17th October 2019 denying that they ever indicted me in their testimonies
before the Committee. The denials were widely published by online newspapers on
Thursday 17th October 2019 and national newspapers on Friday 18th October 2019.
“The 1st Defendant
falsely represented to the public that the said Commissioners indicted me in
their testimonies before the Committee so as to justify my indictment by the
1st Defendant which indictment members of the 1st Defendant had hitherto
threatened to carry out,” Ambode averred.
He added that the House
Committee and indeed the entire members of the House had already adjudged him
as having committed wastage of public fund by the procurement of the buses in
question and had also already determined that the procurement was done by him
as opposed to the State Government.
He said it was obvious
that the lawmakers were totally biased against him having regard to their
pronouncements on the floor of the House by reason of which he believes that
his right to fair hearing as guaranteed by the Constitution had been seriously compromised
by the defendants.
He is, therefore,
seeking among others, the court’s declaration that the power of the House to
pass a resolution under section 128(1) of the Constitution to cause an inquiry
into his conduct as Governor is subject to right to fair hearing as guaranteed
by section 36(1) of the Constitution.
He also wants a
declaration that the Resolution of the House setting up a 9-Man Committee
comprising of the 4th-12th Defendants to investigate all transactions in
respect of the 820 Buses said by the defendants to have been procured by him
derogates from his right as guaranteed by section 36(1) of the Constitution and
therefore is unconstitutional, null and void.
Other claims are: “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.
“A DECLARATION that it
is not lawful for the Defendants to represent or continue to represent to the
Public that the Claimant, AKINWUNMI AMBODE, procured 820 buses in breach of
budgetary approval.
“A DECLARATION that the
powers of the 1st Defendant under sections 103, 128 and 129 of the Constitution
of the Federal Republic of Nigeria, 1999 as amended does not include power to
indict the Claimant as contemplated by sections 66(1)(h), 137(1)i and 182(1)i
of the Constitution of the Federal Republic of Nigeria 1999, as amended.
“AN INJUNCTION
restraining the Defendants whether by themselves, their servants, agents and or
representatives from compelling the Claimant, in any manner whatsoever, to
appear before the Defendants pursuant to the Resolution passed by the
Defendants on 27th August 2019 or any other Resolution passed in respect of the
subject matter of this Suit.
“AN INJUNCTION
restraining the Defendants whether by themselves, their servants, agents and or
representatives from representing or continue to represent to the Public that
the Claimant, AKINWUNMI AMBODE, procured 820 buses in breach of budgetary
approval.”
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