Ekiti State House of Assembly, has turned down the request by the ex-speaker of the assembly, Hon Adewale Omirin, requesting for the reversal of the impeachment carried out by a faction of the past assembly against him.
The assembly, in a reply dated November 9, 2015, to Hon. Omirin’s letter, said the requests that the tenure served by factional speaker, Dele Olugbemi also be obliterated, are purely constitutional matters which go beyond the purview of what the house could handle.
According to Omirin, he assured that he would get justice in the court of law, even if the assembly turns down the request, adding that it could have been honourable for the lawmakers to accede to the request for posterity’s sake.
In the reply read by the Speaker, Hon Kola Oluwawole, at a press conference held in Ado Ekiti yesterday, Oluwawole said Omirin, had in a suit No FHC/CS/1823/14 at the Federal High Court, Lagos, challenged the impeachment before it was later dismissed upon withdrawal.
Oluwawole pointed out that the impeachment had been challenged in court which constitute a serious impediment to the house to accede to the request, in spite of their interest to do justice in the matter.
“Sir, why we will not comment on the constitutionality of the impeachment or otherwise, one point remains sacrosanct that there was an impeachment exercise against you on November 20, 2014, upon which you instituted the matter referred to above.
“It must be borne in mind that whether your impeachment was legal or is not for the court of law to decide, but we, with due respect to your person , are helpless in the circumstance.
“Against this backdrop, the present House of Assembly is not empowered by either the constitution or the case Law to obliterate the records of Hon Dele Olugbemi as the speaker between November 20, 2014 and June 5, 2015.
“As a respected colleague, we may, however, consider a pardon of the reasons that warranted your impeachment, but not for a pseudo re-installment of a period you never acted in that capacity”, the speaker said.
Seven Peoples Democratic Party lawmakers in the immediate past assembly had on November 20, 2014 impeached Omirin and installed Hon. Olugbemi the speaker of the House.
Omirin later approached the Federal High Court in Lagos, seeking for the quashing of the impeachment he branded as a treachery and flagrant abuse of the constitution, as seven PDP lawmakers did not form the quorum of 26 members to carry out the impeachment.
Omirin, in a letter dated October 19, 2015, entitled: ‘Reversion of unconstitutional impeachment’ and addressed to the speaker, Hon Kola Oluwawole, urged the Assembly to right the wrong done to him by reversing the impeachment carried out against him.
Citing Section 92 subsection 2 paragraph c of the 1999 constitution, Omirin said what the law required is two-thirds majority of the 26 members of the assembly for him to be removed from office, adding that the then assembly required 18 members to impeach him, the non-compliance with this provision, he said had vitiated the entire
“The legislative arm is put in place to make laws for peace, order and good government in pursuant to section 4(7) of the constitution of the Federal Republic of Nigeria as amended and if an institution that is supposed to make laws seems to be violating the laws, the effect will be disorderliness, hence the action taken on November 20, 2014 should be reverted and all records bearing Hon Dele Olugbemi be obliterated”.