Akiwunmi Ambode
A 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 the
administration of former Governor of the State, Mr. Akinwunmi Ambode.
According to PM News, the former Governor had instituted a suit
against the Assembly to contest the constitutionality of the probe of
the buses which were procured based on budgetary approval as part of the
Bus Reform Project of the State Government designed to revolutionize
public transportation in line with global best practices.
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), other defendants ordered to appear before the court at my 9am on
Wednesday October 30 are House Clerk, 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,” the former Governor averred.
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 amongst 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.”