The Federal Court of Appeal in Akure, Ondo State, has reinstated Hon. Iroju Ogundeji as the Deputy Speaker of the Ondo State House of Assembly, four years after the conclusion of his tenure.
The ruling was delivered on Tuesday by a three-judge panel comprising Justices Oyebisi Folayemi Omoleye, Frederick Oziakpono-Oho, and Yusuf Alhaji Bashir.
The appellate court upheld the earlier judgment of Justice Akintan Osadebey, who had ruled in favor of Ogundeji, a two-term lawmaker representing the Odigbo State constituency.
The State Assembly, under the leadership of then-Speaker Hon. David Bamidele Oleyeloogun, had suspended Ogundeji from the Assembly and removed him from his position as Deputy Speaker, leaving him to serve the remainder of his term under suspension.
Displeased with his suspension and removal, Ogundeji, through his legal counsel Oluwanike Omotayo Esq., sought judicial intervention to overturn the Assembly’s decision. Omotayo argued that the Assembly’s actions were unconstitutional, pointing out that Ogundeji’s impeachment did not adhere to the legal requirements, particularly the mandate for a two-thirds majority vote in the Assembly for the removal of any principal officer.
Justice Osadebey, in her initial ruling, had declared Ogundeji’s removal illegal, null, and void.
She noted that the lawmaker had been denied a fair hearing, as the impeachment was executed before the Assembly had even constituted a panel to investigate the allegations against him.
Furthermore, Justice Osadebey highlighted procedural flaws, including the absence of a parliamentary resolution and the lack of participation by all members of the Assembly as required by law.
The court also pointed out that merely signing the attendance sheet at the parliamentary meeting did not equate to consent to the impeachment, particularly since nine of the 26 Assembly members had opposed the move.
Justice Osadebey had ordered Ogundeji’s reinstatement as Deputy Speaker, with all due entitlements and office paraphernalia restored.
Also, she awarded N10 million in damages to Ogundeji for the humiliation he suffered due to his suspension and removal. The court also nullified the appointment of Aderoboye, who had been installed in Ogundeji’s place.
Following the lower court’s ruling, the State Assembly, represented by then-Attorney General and Commissioner for Justice, Titiloye Charles, appealed the decision, arguing that the trial court lacked jurisdiction due to procedural lapses related to pre-action notice.
However, the appellate court dismissed the Assembly’s appeal, upholding the decision to reinstate Ogundeji and ordering that he be compensated for all his entitlements as a lawmaker and Deputy Speaker of the ninth Assembly.