The Ekiti State House of Assembly has challenged the jurisdiction of the state high court to hear a suit filed by its former Speaker, Olugboyega Aribisogan, against his impeachment.
The Assembly urged the court to dismiss the suit on grounds that Mr Aribisogan failed to join the proper parties in the suit.
Mr Aribisogan was impeached on 21 November for allegedly blocking the passage of the 2022 Supplementary Appropriation Bill, disparaging the House in the media, causing disaffection among the lawmakers and compromising the security of the Assembly Complex, among other accusations.
However, he challenged the impeachment as offensive to the Constitution and the standing rules of the House.
The defendants in the suit are the Assembly, its Clerk and the new Speaker, Olubunmi Adelugba (3rd).
In their response, they filed a Notice of Preliminary Objection challenging the jurisdiction of the court to entertain the matter.
The counsel to the defendants, Rafiu Balogun, filed the notice at the Registry of the court on Monday, anchored on 11 grounds and supported by a written address.
In the notice, the defendants said the court lacks jurisdiction to entertain the case because “there is no competent Originating Summons capable of being heard by the Court.”
They said the failure of Mr Aribisogan to name the seven members of the Assembly he alleged to have unlawfully impeached him and join them as parties in the suit had rendered the case incompetent and also denied the court the jurisdiction to hear the matter.
They also cited his failure to join former Governor Kayode Fayemi, whom he accused of instigating the lawmakers to impeach him; the police and their commissioner in the state, the Assembly’s Sergeant-at-Arms and other individuals the plaintiff described as “powers that be.”
They also said the Affidavit in support of the Originating Summons consisted of extraneous facts which are contrary to the provisions of Section 115 of the Evidence Act 2011 (as amended), adding that “once the offending paragraphs are struck out, there is nothing to support the Originating Summons.”
According to the defendants, the case as presently constituted did not disclose any cause of action or reasonable action while the Affidavit in support of the Originating Summons is “bereft of salient facts to support the case of the Claimant.”
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They also held they the suit was at best speculative, the documents lacked the requisite particulars to sustain the case of the Claimant contrary to the provisions of Order 8 of the Ekiti State High Court (Civil Procedure) Rule 2021.
The defendants further argued in the Notice with Motion Number: HAD/74M/2023 that “there cannot be a valid Originating Summons without a competent Affidavit in support, afortiori, there is no valid Originating Summons before this Honourable Court.”
“The criminal allegations and damning complaints formed the nucleus and substratum of the case of the Claimant,” it read.
“The proper parties are not before the court, which robs this Honourable Court of the requisite jurisdiction to entertain this matter as presently constituted.
“We urge the Court to determine whether paragraphs in the Affidavit in support of the Originating which contain damaging/criminal complaints against some persons in authority not joined as Defendants are not liable to be struck out or discountenanced and whether this case can be determined without them being made parties, in order not to infringe on their right to fair hearing as the pronouncement of the Court will affect them.one way or the other.
“The Originating Summons in the instant case is not supported with sufficient particulars and salient facts and which irregularity and non-compliance is fatal and will nullify the case. We reiterate that there is no competent Originating Summons capable of being heard by this Honourable Court.
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“We submit that if the offending paragraphs are struck out, there will be no requisite facts to support the Originating Summons. In other words, the case no doubt discloses no cause of action and the Originating Summons without the supporting Affidavit containing requisite particulars incompetent and liable to be struck out
“We pray Your Lordship to resolve this issue against the Claimant and strike out the suit. We urge the Court to resolve all the issues in favour of the Defendants and strike out or dismiss this case as it lacks jurisdiction or competence to entertain the matter.”
The court has slated further hearing on the matter for Wednesday.
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