Ambode’s suit incompetent, lawmakers tell court – TheNigerialawyer

Lawmakers probing former Gov. Akinwunmi Ambode of Lagos State
over the purchase of 820 buses as part of the Bus Reform Project of
the state, on Wednesday said the suit he filed against them was
incompetent.

The News Agency of Nigeria reports that the lawmakers,
represented by Mr Lawal Pedro (SAN), also told an Ikeja High Court
that it did not have the jurisdiction to hear the suit.

They are also opposing the injunction Ambode seeks to restrain
them from probing him.

“We have filed a notice of preliminary objection, highlighting
the incompetence of this suit.

“We are as well challenging the jurisdiction of the court to
entertain the suit.

“We also filed a counter-affidavit and a written address for the
claimant’s motion for an interlocutory injunction,’’ Pedro
said.

He noted that Mr Tayo Oyetibo, counsel to Ambode, 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.

Responding, 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 to January 16, 2020, for hearing,’’ the
judge said.

NAN reports that Ambode had instituted the civil suit against
the state House of Assembly, its Speaker, Mr Mudashiru Obasa, and
the House Clerk, Mr A.A. Sanni.

Other respondents to the suit are Mr Fatai Mojeed, the Chairman
of the Ad-hoc Committee set up by the House to probe the
procurement of the buses and eight members of the committee.

The members of the Ad-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.

Ambode seeks an injunction restraining 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.

The claimant wants a court declaration that the powers of the
National Assembly under Sections 103, 128 and 129 of the 1999
Constitution, as amended, does not include the power to indict him
as contemplated by Sections 66(1)(h), 137(1)i and 182(1)i of the
Constitution.

Ambode also seeks a court declaration that the provisions of
Sections 1, 2, 3, 4, 8 and 9 of the Appropriation Law of Lagos
State, 2018, requiring the approval of the House of Assembly before
certain expenditure of money are incurred by the executive arm of
the state government is not in accordance with constitutional
provisions. (NAN)