The Lagos State High Court sitting in Ikeja has declared the removal of Rt. Hon. Mudashiru Obasa as Speaker of the Lagos State House of Assembly illegal and unconstitutional.
In a landmark judgment delivered on Wednesday, Justice Yetunde Pinheiro nullified all proceedings and resolutions carried out in January that culminated in Obasa’s controversial removal.
The court ruled that the process leading to his ouster violated both constitutional provisions and the Standing Orders of the Lagos State House of Assembly.
Rt. Hon. Obasa had approached the court to challenge the legality of the move that saw his deputy, Hon. Mojisola Meranda, named as the new Speaker.
The suit, instituted against the Lagos State House of Assembly and Hon. Meranda, raised fundamental questions on legislative due process, constitutional compliance, and the abuse of internal procedures of the legislative arm.
Represented by his legal counsel, Chief Afolabi Fashanu (SAN), Obasa contended that the session which led to his removal was unlawfully convened while the Assembly was officially on recess.
According to the suit, 36 lawmakers held a plenary session in his absence while he was out of the country, without obtaining his approval or following any formal procedure to delegate his authority.
Obasa’s suit was premised on nine legal grounds, drawing upon the 1999 Constitution of the Federal Republic of Nigeria (as amended), and specific provisions of the House’s Standing Orders.
He argued that his removal, orchestrated under such circumstances, amounted to a grave breach of legislative protocol and a violation of his rights as Speaker.
In her ruling, Justice Pinheiro held that the actions of the Assembly were null and void, affirming that no session of the House can be legitimately convened without due process, especially when the Speaker is neither present nor has officially delegated authority.
The judgment is expected to spark significant political and legal reverberations within the Lagos political landscape, as it not only reinstates Obasa but also raises concerns about the internal governance of the State Assembly.
As of press time, the Lagos State House of Assembly has yet to issue an official statement on the judgment.
Source: Punch Newspaper!
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