We may impeach Fashola - Lagos Assembly
Written by Lanre Adewole, Tunde Oyesina and Yejide Gbenga-Ogundare
Tuesday, February 16, 2010

THE Lagos House of Assembly has said that the report of the six-man probe panel set up to investigate Governor Babatunde Fashola will determine whether or not an impeachment process will be commenced against him.





http://odili.net/news/source/2010/feb/16/602.html

The disclosure was contained in its objection to a suit filed by one Richard Akinnola seeking to stop the lawmakers from investigating the governor over alleged corruption.

A Lagos high court handling the suit had issued an interim order restraining the lawmakers from going ahead with the probe, pending the outcome of the suit challenging the exercise.

In the lawmakers' objection to the suit, they asked the court to vacate the said order and dismiss the suit, claiming that the initiator lacked the locus standi to institute the action.

In the written submission by Festus Keyamo, on behalf of the lawmakers, the court was told that the setting up of the six-man panel was constitutional, adding that "The Respondent (lawmakers) had not started any impeachment process. In fact, it is the report of the six (6)-man panel that may determine whether any impeachment process should commence or not."

The lawmakers' objection will be heard tomorrow at the Ikorodu High Court.

In the preliminary objection brought under Order 22 RULES 2(1) AND (2) OF THE HIGH COURT OF LAGOS STATE (CIVIL PROCEDURE) RULES 2004, the lawmakers described the main suit as "incompetent, frivolous, vexatious, academic, speculative and, therefore, an abuse of legal process."

The lawmakers further contended in their submission that "now that the claimant is complaining that the respondent cannot set up a committee to probe itself, and that this breaches the rules of natural justice, how are his civil rights affected by such an alleged breach? Is he a member of the respondent? Is he one of those who laid the allegations? The single answer to both questions is NO.

"Hence, the setting up of the six (6)-man panel within the respondent's House by the members was perfectly constitutional. The respondent had not started any impeachment process. In fact, it is the report of the six (6)-man panel that may determine whether any impeachment process should commence or not.

"It is submitted that a careful reading of Section 4(6) & (7), 103 and the second schedule i.e. Exclusive Legislative list and the concurrent legislative list will show that there is nothing unconstitutional in the act of the respondent in setting up the six (6)-man panel to look into the allegations against the state governor.

"It is, therefore, our submission that the House of Assembly, Lagos State, was perfectly in order when it appointed a six (6)-man panel of its members to look into the allegations of financial impropriety against the governor of Lagos State.

"The cases of Garba v. University of Maiduguri (1986) 1 NSCC 245 and Akomolafe v. The Speaker of Ondo State House of Assembly (1984) 5 NCLR 355 were the only cases relied on by the claimant in his written address to support the contention that it is only the court or the police that can adjudicate on or investigate crimes. Unfortunately, both cases had nothing to do with the investigation of the governor of a state by the House of Assembly.

"It leaves a sour taste in the mouth that a public officer will seek judicial cover against a simple issue of probity and accountability, the twin bedrock upon which we want to build the new Nigeria. It will set a bad precedent for the judiciary to give this kind of unwelcome cover to those who are in charge of the public till and to whom we have reposed our trust. Any public officer, who claims he is doing well in office should lay bare his accounts to show the public at what cost he is doing well."

The claimant, in the originating summons, had asked the court to determine:

*Whether the defendant can validly or lawfully investigate or cause to be investigated allegations of financial impropriety levelled against the executive and legislative arms of Lagos State government by a group published in The Punch of January 28, 2010 under the caption The True Face of Lagos or by any other group outside the purview of section 128(2) of the Constitution of the Federal Republic of Nigeria, 1999.

*Whether it is not a fundamental and violent violation of the principles of natural justice for the defendant to investigate or cause to be investigated, allegations of financial impropriety levelled against the executive and legislative arms of Lagos State government by a group published in The Punch of January 28, 2010 under the caption "The True Face of Lagos" or by any other group.

He also asked for the following reliefs:

*A declaration that the decision of the defendant to set up a six-man committee or any committee at all to investigate allegations of financial impropriety levelled against the executive and legislative arms of Lagos State government by a group published in The Punch of January 28, 2010 under the caption "The True Face of Lagos" or by any other group is in fundamental breach of Section 128(2) of the 1999 Constitution of the Federal Republic of Nigeria and is, therefore, unconstitutional, illegal, unlawful, ultra vires and of no effect whatsoever.

*A declaration that the decision of the defendant to set up a six-man committee or any committee at all to investigate allegations of financial impropriety levelled against the executive and legislative arms of Lagos State government by a group in The Punch of January 28, 2010 under the caption "The True Face of Lagos" or by any other group is in violent and fundamental violation of the principles of natural justice and is, therefore, unconstitutional, unlawful, illegal, unfair, malicious and of no effect whatsoever.

*A declaration that having regard to the surrounding circumstances, the investigation by the defendant of allegations of financial impropriety levelled against the executive and legislative arms of Lagos State government by a group published in The Punch of January 28, 2010 under the caption "The Face of Lagos" or by any other group is tainted with bias and programmed to a predetermined end.

*An order of perpetual injunction restraining the defendant, whether by itself, agents, members, officers, privies or by whomsoever howsoever form proceeding with or acting on the purported investigation of allegations of financial impropriety levelled against the executive and legislative arms of Lagos State government by group published in The Punch of January 28, 2010 under the caption "The Face of Lagos" or by any other group.