Justice Yetunde Pinheiro of the Ikeja High Court has annulled the impeachment of Mudashiru Obasa, the reinstated Speaker of the Lagos State House of Assembly, and awarded him N500,000 in damages. The court ruled that the impeachment, carried out on January 13 by a majority of lawmakers, was unconstitutional and illegal.
The court’s judgment came after Obasa challenged his removal following allegations of financial impropriety and abuse of office, which were leveled by 36 members of the House of Assembly. On January 13, Deputy Speaker Mojisola Meranda assumed the role of Speaker after Obasa’s impeachment, but the court declared that the sitting where this decision was made was illegal.
Justice Pinheiro cited Section 101 of the 1999 Constitution (as amended) and Order 5 Rule 18 (2) of the Lagos State House of Assembly Rules and Standing Orders, emphasizing that the sitting held during the House’s recess, without the Speaker’s authorization, was a nullity. The judge also set aside other resolutions and decisions arising from that sitting.
Obasa initiated the suit on March 3, 2023, against the House of Assembly, his deputy, and 32 lawmakers. Five additional lawmakers were later joined as defendants. Despite Obasa being reinstated after a political mediation led by the All Progressives Congress (APC), he continued with the case, asserting unresolved issues in the dispute.
The defendants, including prominent legal figures such as Femi Falana (SAN) and Abimbola Akeredolu (SAN), had filed preliminary objections, arguing that the court lacked jurisdiction over the internal affairs of the House. However, Justice Pinheiro dismissed these objections, affirming that the court could intervene where there was a breach of the Constitution.
The court also ruled that the impeachment proceedings could not be deemed academic, as the allegations were substantial and warranted legal intervention. It noted that Obasa’s right to fair hearing had been violated, as he was not present at the January 13 sitting and was not given the opportunity to defend himself.
In conclusion, the court upheld that the rules and standing orders of the Lagos State House of Assembly are legally binding and must be followed, particularly with regard to the constitutional requirement of fair hearing. The judgment nullified the impeachment and affirmed Obasa’s right to his position as Speaker.
