19th August, 2010
Justice Morufu A. Adegbola of an Ibadan High Curt has reinstated eight legislators suspended by the House.
The court described their suspension as unconstitutional and of no effect.
Delivering judgement in suit filed by the aggrieved lawmakers, Justice Adegbola held that they were wrongfully sacked by their colleagues.
The eight legislators were sacked by their colleagues during an attempt to impeach the Speaker of the Oyo State House of Assembly, Hon. Moroof Atilola.
Justice Adegbola in a two-hour judgment noted that Hon. Atilola and other fifteen defendants (all members of the house) violated section 36 of 1999 Constitution of Nigeria by not giving the plaintiffs fair hearing before they were suspended from the Oyo House of Assembly on 8 June, 2010.
The Judge held that no Court of law would close its eyes on a breach of fundamental human rights of the citizens which the constitution of the country must protect, adding that the contravention of section 36 of 1999 constitution by the Hon. Atilola and other defendants not only breached the course of natural justice of the plaintiffs, but also their civic rights.
He ruled that there was no evidence before the court that the defendants issued queries to the plaintiffs challenging them of wrong doing, coupled with the fact that the plaintiffs were not there when the defendants found them guilty of the said allegations which eventually led to their suspension.
The judge nullified the 8 June suspension of the plaintiffs by the defendants and ordered their immediate reinstatement.
Reacting, Adejumo who lauded the judgment, called on Nigerian to give necessary support to the judiciary, stressing “judiciary is the hope of the common man in this countryâ€.
He disclosed that he would resume office today.
Hon. Adejumo and seven others sued the Speaker, Hon. Atilola and 16 other legislators to court immediately they were suspended from the House in June this year.
Hon. Ademola and his colleagues in the motion ex-parte filed on their behalf by their counsel, Bukola Omotoso Esq from Akin Olujinmi & Akeredolu SANs’ chambers in suit number I/796/2010 prayed for an order of interim injunction restraining the defendants by themselves, agents or privies from preventing the plaintiffs from being and performing their duties and roles as honourable members of the House of Assembly pending the determination of the motion on notice.
—Gbenro Adesina/Ibadan