Justice Yetunde Adesanya of the Lagos High Court, Ikeja, has ordered the State House of Assembly to halt the probe of former Governor Akinwunmi Ambode pending the dedication of the go well with he filed towards the Assembly.
Ambode had instituted the go well with towards the State House of Assembly, its Speaker Mr Mudashiru Obasa and the House Clerk, Mr A A Sanni.
Other respondents to the go well with are Mr Fatai Mojeed, the Chairman of the advert hoc committee arrange by the House to probe the procurement of buses, and eight members of the Committee.
The members of the advert hoc committee are: Mr Gbolahan Yishawu, Mr A A Yusuf, Mr Yinka Ogundimu, Mrs Mojisola Meranda, Mr M L Makinde, Mr Kehinde Joseph, Mr Temitope Adewale and Mr Olanrewaju Afinni.
On October 29, following a movement ex parte moved by the counsel to Ambode, Mr Tayo Oyetibo, SAN, Justice Adesanya had ordered that the lawmakers seem earlier than the courtroom on October 30 in reference to the continued probe.
The lawmakers have been absent from courtroom throughout Wednesday’s proceedings. They have been, nonetheless, represented by a counsel, Mrs Adenike Oshinowo.
Ambode’s counsel, Oyetibo, knowledgeable the courtroom that every one the respondents had been served with the courtroom processes Tueday as ordered by the courtroom.
“Your lordship directed that we serve the respondents with the court’s processes which has been done,” Oyetibo to the choose.
“We are ready for the motion on notice filed on October 28 and all the originating processes have been served,” she added.
Responding, Oshinowo knowledgeable the courtroom that the lawmakers shall be opposing the movement and that the respondents have been served the courtroom paperwork very late on Tuesday.
“We were served the Motion on Notice very late yesterday, my Lord, and we shall be opposing the Motion,” Oshinowo stated.
“We shall be asking the court for a date to regularise our processes.”
Following the submission of counsel, Justice Adesanya, whereas adjourning the case, ordered events to take care of establishment.
“This case is adjourned to November 20 at the instance of both counsel for hearing,” the choose stated.
The former Governor had instituted a go well with towards the Assembly to contest the constitutionality of the probe of the buses which have been procured primarily based on budgetary approval as a part of the Bus Reform Project of the State Government designed to revolutionise public transportation.
According to his assertion of declare earlier than the courtroom, Ambode stated opposite to misrepresentation of details by the lawmakers, the procurement of the 820 buses was nicely captured within the 2018 Appropriation Law which was duly permitted 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,” in response to the assertion.
“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 ex-Governor added that having prescribed the style of withdrawal of funds in sections three and four of the 2018 Appropriation Law, it was unconstitutional for the House to connect one other situation in part 9 of the legislation for additional approval to be sought earlier than incurring any expenditure on the acquisition of the buses.
Highlighting the precise breach of his constitutional rights to honest listening to by the House, the previous Governor stated on August 27, throughout proceedings of the Assembly, some lawmakers totally vilified and disparaged him as having bought the buses with out budgetary approval and that the procurement was a waste of public funds; whereas on the finish of the proceedings, the House resolved to represent an advert hoc committee to probe the procurement.
Ambode stated it was shocking that the very lawmakers who contributed actively in vilifying, disparaging and denigrating him constituted the majority of the members of the Committee, which was a transparent derogation of his proper to honest listening to.
The embattled former Governor added that in continuation of the misrepresentation of details of the problem, the House falsely claimed that an invite had been prolonged to him to seem earlier than the Committee and that he did not honour it.