Members of the Lagos House Assembly on Wednesday told the State High Court sitting in Ikeja that the suit filed by the immediate past governor of the state, Akinwunmi Ambode, seeking to stop the proposed probe into his administration’s activities, particularly the purchase of 820 mass transit buses for the state, was incompetent.
The lawmakers, who were represented by Lawal Pedro (SAN), also told the court that it did not have the jurisdiction to adjudicate in the matter.
They also opposed the injunction Ambode sought to restrain them from probing him.
Ambode had filed a civil suit against the state House of Assembly, its Speaker, Mudashiru Obasa, and the House Clerk, Mr. A.A. Sanni.
Other respondents to the suit are the Chairman of the Ad-hoc Committee set up by the House to probe the procurement of the buses, Mr. Fatai Mojeed, and eight other members of the committee.
The members 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.
In the suit, Ambode urged the court to restrain the lawmakers from compelling him to appear before them pursuant to a resolution passed by House of Assembly on August 27 as well as any other resolution passed in respect of the probe.
The former governor seeks a second injunction restraining the respondents from representing or continuing to represent to the public that he procured 820 buses in breach of budgetary approval.
But the lawmakers’ counsel told the court on Wednesday they had filed a preliminary objection to the suit.
He said: “We have filed a notice of preliminary objection, highlighting the incompetence of this suit.
“We also filed a counter-affidavit and a written address for the claimant’s motion for an interlocutory injunction.”
He noted that the ex-governor’s counsel, Tayo Oyetibo, had filed a written reply on points of law to the lawmakers’ motion, challenging the injunction, as well as a written address in opposition to the preliminary objection.
Oyetibo confirmed receiving all the processes served on the claimant by the respondents.
He said that Ambode had also responded to the processes.
“We have, however, not been served with any defence my lord, as there is nothing to defend,’’ Oyetibo said.
Following the submission, Justice Yetunde Adesanya adjourned the suit for hearing.
“This suit is adjourned till January 16, 2020, for hearing,’’ the judge said.
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