₦airaland Forum

Ambode fights back, drags Lagos Assembly to court over probe

Former Lagos State Governor, Akinwunmi Ambode has dragged the Lagos State House of Assembly to court over its ongoing probe of the ex-governor for allegedly procuring 820 buses worth over N7 billion without budgetary approval.

Ambode is due to appear before the House Committee probing the allegation on Wednesday. The House had placed adverts in some newspapers inviting the former governor to appear before it as he was alleged to have previously failed to appear on two occasions when he was invited.

However, the former Governor had instituted a suit against the Assembly at the Lagos High Court in Ikeja to contest the constitutionality of the probe of the buses which were procured by his administration.

Based on the suit, the 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 Ambode.

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), ordered the Speaker to appear before the court at by 9am on Wednesday October 30.


Others to appear before the court are the Clark of the House, 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,” he said.

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 among 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.”

European Union and British negotiators have agreed on an outline Brexit deal – but it still needs to be backed by EU member states and by the respective parliaments.

European Commission President Jean-Claude Juncker tweeted “We have one! It’s a fair and balanced agreement for the EU and the UK and it is testament to our commitment to find solutions.”

https://twitter.com/JunckerEU/status/1184764705384124416?s=19

We’ve got a great new deal that takes back control — now Parliament should get Brexit done on Saturday so we can move on to other priorities like the cost of living, the NHS, violent crime and our environment

https://twitter.com/BorisJohnson/status/1184764798107602944?s=19

British Prime Minister Boris Johnson tweeted that the two sides had struck a “great new deal” and urged UK lawmakers to ratify it in a special session on Saturday.

That could be a challenge – the leaders of his key Northern Ireland ally immediately said they remained opposed to the Brexit deal.

The Embassy of South Korea in Nigeria has donated two Hyundai buses to the Nigerian Customs Service (NCS), to boost its operations.

The News Agency of Nigeria (NAN) reports that Mr Lee In Tae, Ambassador of South Korea to Nigeria, handed the vehicles to Hameed Ali, Comptroller General of Customs, on Monday at NCS headquarters in Abuja.

According to the Ambassador, NCS as an agency of government needs the support and cooperation of all stakeholders for it to deliver more effectively on its mandate.

“The Nigerian Custom Service is a great organisation, doing great job, and needs to be supported.

“These two buses are being donated by our embassy to support its operational activities,” Tae said.

The CG, in his response, commended the Ambassador for the kind gesture, saying, the NCS would make efficient use of the vehicles in its operations.

He said: “We are grateful for this kind donation, and I assure you that they will be properly maintained.

“The vehicles will sure boost our activities as an organisation in carrying out our functions and in securing our nation’s borders.

Ali, who received the keys to the two buses in company of his management team, said that NCS was ready to work with stakeholders.

“It’s so crazy seeing the way America media fight Donald Trump.

“Now you want to impeach him over a phone call?

“I know foolishness is free but must you have an overdose of it?

“The man is imperfect we all are. Pls let this man be.

“All Christians please pray for Donald Trump.”

The Rapid Response Squad (RRS) has rewarded its officers who patrolled Ketu/Ojota-Ogun Long Bridge from Friday till dawn of Saturday.

In a tweet on Monday, the squad said its commander, Tunji Disu, a Deputy Commissioner of Police, rewarded the officers at the parade ground.

The officers had stayed up all night after a diesel laden-truck fell at Berger area of the state on Friday, causing heavy gridlock.

“RRS team of Response riders, who patrolled Ketu/Ojota – Ogun Long Bridge till dawn of Saturday in the heat of Friday’s traffic caused by a fallen diesel laden truck at Berger, got rewarded today for job well done by @TunjiDisu1 at the parade ground,” the tweet read.