Ondo State House of Assembly has filed a notice of appeal and a motion for stay of execution against the ruling of the federal high court sitting in Akure ordering the House to allow Rt. Hon.Iroju Ogundeji whose Odigbo constituency 2 seat was recently declared vacant by the House to resume legislative duties pending the hearing of the substantive suit.
The Federal High Court sitting in Akure had yesterday ordered the reinstatement of Iroju but the Assembly not satisfied, appealed same.
Iroju was alleged sacked by the Assembly for allegedly defecting from the APC to the PDP.
In a suit No:FHC/AK/CS/22/2022 filed by the House, the defendants approached the appeal court on the grounds that the lower court erred in law by granting the 1st respondent’s application for mandatory injunction when there was no evidence of prove of service on the 1st respondents.
The defendants therefore prayed the appeal court to grant a stay of execution pending the determination of the appeal.
The State House of Assembly on March 31, 2022 declared vacant the seat of Mr Iroju Ogundeji, for allegedly defecting to the Peoples Democratic Party.
Then, in a letter transmitted to the House and read at plenary the Chairman of the APC in the state, Mr Ade Adetimehin, informed the House that Ogundeji had sent a letter of resignation from APC.
Ogundeji, who represents Odigbo Constituency 1, earlier had a crisis with the leadership of the House which led to his removal as the deputy speaker and later suspension in 2020 but the action of the House was quashed by the court.
Acting on the letter and quoting Section 109(1)and (g) of the 1999 constitution as amended, the lawmakers, in their resolution, noted that Ogundeji is no longer competent to represent Odigbo Constituency 1 since he has resigned his membership of the APC, through which he was elected into office.
The Speaker of the Assembly, Bamidele Oloyeloogun, said, having resigned his membership of the APC, Ogundeji had violated the relevant section of the law and should vacate his seat.
The speaker ordered that “all benefits and entitlements accruing to his (Ogundeji) office should be stopped immediately, while a letter to that effect should be forwarded to the Accountant General of Ondo State.”
In his reaction, however, Ogundeji said the action of the speaker was tantamount to contempt of court as he had filed a case against the purported declaration of his seat vacant at the Federal High Court.
“I have filed a suit at the Federal High Court and the court has fixed May 10, 2022, for hearing of the suit. The Assembly has been served with the court processes. Whatever action the Assembly has purported to have taken is to overreach the court,” the embattled lawmaker declared.