A Lagos High Court in Ikeja on Monday restrained the Lagos State House of Assembly from going ahead with its investigation of alleged financial impropriety levelled against Governor Babatunde Fashola adminstration by a group, The True Face of Lagos.



In her judgment on the application of an activist, Mr. Richard Akinnola, against the assembly, Justice Opeyemi Oke held that it was unlawful for the lawmakers to proceed with the probe when they were aware of a pending complaint over the matter before the Court of Appeal in Lagos.



Justice Oke further granted an order of perpetual injunction restraining the assembly and their agents from proceeding with any probe of alleged financial impropriety levelled against the executive arm of government.



The judge, however, held that she would not dabbe into the argument on the legality of section 128 (a) and (b) of the 1999 Constitution, saying that the development was tantamount to academic exercise.



Akinnola had filed an originating summons dated May 4, 2010, which was supported by a 22-paragraph affidavit deposed to by the claimant with 12 exhibits.



He had urged the court to stop the six-man panel of the assembly from proceeding with the probe on the grounds that there was a pending appeal on the part of the judgment of Justice Habeeb Abiru of a Lagos High Court in Ikorodu.



Justice Abiru had in his judgment, delivered on March 16 in Akinnola‘s suit challenging the propriety of the probe panel, restrained the assembly from continuing with the probe on the ground that the lawmakers did not follow due process.



But Justice Oke had in her judgment further held that Akinnola’s originating summons before her was different from the one handled by Justice Abiru, saying that the activist had gone to the appellate court to contest some gray areas in the judgment of the lower court.



The judge added that once a party was informed of a pending action before the Court of Appeal, such party must refrain from taking any action to prevent a situation where a fait accompli would be foisted on the appellate court.



The judge, who entered judgment in favour of the claimant, said, “With due regards, due honour to the appeal court, I hold that the application of the claimant succeeds, I therefore hold that it is unlawful in the administration of justice for the defendants to continue to proceed on the investigation or purported investigation in spite of an appeal at the appellate court.



“When there is jamlock in legal issues, it is the duty of counsel to educate the clients on the hierarchy of courts. Once a party has the notice of impending action, it has no reason whatsoever to commence any action taken subsequently to foist the notice of appeal and it behoves on parties not to take any step to frustrate the pending action”.



Justice Oke also faulted the argument of the assembly’s lawyer , Mr Sola Oludipe, that the action was an abuse of court process.



According to the judge, the suit is not an abuse of court process as an abuse of court process only arises when a party litigates against a matter that has been settled earlier in a court of law.



She said, “I hold that this action is not an abuse of court process because it is trite law that equity aids the vigilance but not the indolent.



“The claimant has made out a case to prevent parties from foisting the matter before the court of appeal. I therefore hold that the application succeeds.”

http://www.punchng.com/Articl.aspx?theartic=Art201011024315715

These Assembly Men/Women dabble into issues irrationally. They just made an irrational resolution on LASU, despite the LASU laws (as amended) of 2004. Very few of them, I’m told are educated. No wonder!!!

It is a nigerian factor.