Ondo State House of Assembly Speaker, Honorable Olamide Oladiji, has officially filed a complaint with the National Judicial Council (NJC) against Justice Emeka Nwite. This action comes in response to the ex-parte motion that Justice Nwite granted to Deputy Governor Lucky Aiyedatiwa on September 26, which temporarily restrained the Assembly from proceeding with Aiyedatiwa's impeachment.
In his complaint, Speaker Oladiji strongly criticized the ex-parte order issued to Aiyedatiwa, deeming it "unconstitutional and evidently malicious." Oladiji asserted that Justice Nwite had compromised his judicial office and violated the Nigerian constitution, as impeachment matters are solely within the purview of the legislative branch.
Oladiji called for a thorough investigation into Justice Nwite's actions, particularly citing the "abuse of ex parte injunction" and using his position to favor the Ondo State Deputy Governor. He urged the National Judicial Council to impose appropriate sanctions if Justice Nwite is found culpable, emphasizing the importance of upholding the principles of judicial integrity, the rule of law, and Nigeria's emerging democracy.
According to the Speaker's complaint, "As the Speaker of the 10th Ondo State House of Assembly, and on behalf of all members of the House, I hereby formally register a grievance against Honorable Justice Emeka Nwite of the Abuja Judicial Division of the Federal High Court. This grievance arises from his apparent compromise of his judicial role and violation of the provisions laid out in the Constitution of the Federal Republic of Nigeria, 1999 (as amended). Justice Nwite's actions included disregarding appellate court decisions and relevant court directives, ultimately resulting in an unconstitutional and seemingly procured ex-parte order issued on September 26, 2023, in Suit FHC/ABJ/CS/1294/2023. This order restrained the Ondo State House of Assembly, a government arm, from exercising its constitutional powers."
The complaint further explained that "In September 2023, eleven members of the Ondo State Assembly presented a notice of allegations of gross misconduct (impeachment notice) against Deputy Governor Lucky Orimisan Aiyedatiwa, as per Section 188(2)(a) & (b) of the Constitution. The attached annexure ODHA contained 14 allegations, several of which pertained to alleged financial improprieties amounting to hundreds of millions of naira."
Speaker Oladiji stressed that "Section 188(10) of the Constitution explicitly stipulates that no court shall entertain or challenge proceedings or determinations of the House of Assembly, an Impeachment Panel, or any matter related to such proceedings or determinations."
He then highlighted that despite these constitutional provisions, Deputy Governor Aiyedatiwa sought an ex-parte order from Justice Emeka Nwite on September 21, 2023, to halt the legislative process of his impeachment. Speaker Oladiji argued that Justice Nwite, being a Federal High Court Judge, should have been aware of the existing Circulars and Practice Directions that prohibit the granting of ex parte injunctions in political cases and the handling of cases outside their immediate Judicial Divisions.
0 Comments