The Lagos High Court in Ikeja, on Wednesday, declared the removal of Mudashiru Obasa as Speaker of the Lagos State House of Assembly, in January, illegal, unconstitutional, null and void.
The judge, Yetunde Pinheiro, voided all proceedings and resolutions passed by the majority members of the House of Assembly on 13 January, the day Mr Obasa was removed from office.
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He was removed from office by 36 lawmakers on 13 January, while the House was in recess and while he was on official assignment in the United States.
Mr Obasa, who would be reinstated in March following the intervention of President Bola Tinubu, a former governor of the state, had filed his suit in February to challenge his ouster.
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In the suit filed on 12 February, through his counsel, Afolabi Fashanu, a Senior Advocate of Nigeria (SAN), Mr Obasa joined the House of Assembly and Mojisola Meranda, who replaced him, as defendants.
Mr Obasa argued in the suit that the session which led to his removal was unlawfully convened without proper authority or delegation of power from his office.
He contended that only principal officers of the House had the authority to request the speaker to reconvene the House after an indefinite adjournment and that the Chief Whip, who initiated the session, lacked such authority.
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Even after his reinstatement in March following political intervention, Mr Obasa chose to continue pursuing the court case, defying expectations.
Wednesday’s judgement reinforces his reinstatement, giving the political intervention that saw to his return to office a legal footing.
The court awarded N500,000 in damages to him for his unlawful removal and for the psychological embarrassment he suffered as a result of it.
Court’s reasoning
The judge, Mrs Pinheiro, agreed with Mr Obasa’s suit.
She began her judgement on Wednesday by dismissing the preliminary objections raised by the defendants.
The court ruled that non-compliance with pre-action notices did not render the suit incompetent and affirmed its jurisdiction to review proceedings of the House of Assembly when constitutional violations are alleged.
The court cited several precedents including Usman v Kaduna State House of Assembly, Agbaso v Imo State, and Rivers State House of Assembly v Government of Rivers State, stating that the judiciary can intervene when legislative actions breach constitutional or procedural safeguards.
The judge then examined the facts of the case and held that the 13 January session, during which Mr Obasa was removed and Ms Meranda installed, was invalid.
She ruled that all steps taken to reconvene the House were unlawful since the House had adjourned indefinitely and no valid procedure was followed to recall it.
The court held that under Order 2, Rule 9 of the Lagos State House of Assembly Standing Orders, only a motion supported by proper procedures could bring about the removal of a Speaker.
It also found that the Chief Whip had no powers under Order 7 or Rule 30 to reconvene the Assembly or initiate the speaker’s removal.
Obasa calls for unity
Mr Obasa, who had refused to withdraw the case of his removal after presidential intervention that led to his reinstatement, described the judgement as a victory for the Lagos State House of Assembly.
The statement released by his media office on Wednesday, quoted him as saying, “This is a victory for the Lagos House of Assembly as an institution and for our current and future members.”
He called on fellow lawmakers to put the events behind them and move forward in unity, adding, “The court’s decision reinforces the desire for us to work together for the good of our people, Lagos State, and Nigeria.”
Mr Obasa was reinstated as Speaker on 3 March, after 49 days out of office, following a political resolution brokered by President Tinubu and key leaders of the All Progressives Congress (APC).
Ms Meranda, who had served as the first female Speaker in the states history, resigned on the same day during plenary, citing the need to prevent further conflict within the Assembly.
She was subsequently nominated and sworn in as Deputy Speaker after her resignation.
Her 49-day stint as speaker was marked by controversy, with supporters of Mr Obasa claiming the removal was unconstitutional, while her supporters maintained that it followed due process.
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