[size=14pt]Again, court stops Lagos Assembly from probing Fashola[/size]

By Abiodun Fanoro and Yetunde Oyegbami


AN Ikeja High Court has again restrained the Lagos State House of Assembly from going ahead with its planned probe of alleged financial impropriety by the Executive arm of government led by Governor Babatunde Raji Fashola.







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Justice Opeyemi Oke, while delivering judgment on Monday, said it is unlawful in the rule of law and an abuse of court processes for the defendants to continue to proceed on the investigation in spite of an appeal at the Court of Appeal, which has been brought to the notice of the defendants and their counsel.


The court gave an order of perpetual injunction restraining the defendant, whether by itself, agents, members, officers, privies or whosever or howsoever, from proceeding with any investigation bordering on allegations of financial impropriety leveled against the Executive arm of government.


The judge noted that the originating summons filed by the claimant is different from the earlier issue dispensed by Justice Habib Abiru. The applicant, Richard Akinnola, had gone to the Appeal Court to contest some gray areas in the judgment of the lower court.


"With due regards, due honour to the Appeal Court, I hold that the application of the claimant succeeds. I, therefore, hold that it is unlawful in the administration of justice for the defendants to continue to proceed on the investigation or purported investigation in spite of an appeal at the appellate court.


"When there is jam-lock in legal issues, it is the duty of counsel to educate the clients on the hierarchy of courts. Once a party has the notice of impending action, it has no reason whatsoever to commence any action taken subsequently to foist the notice of appeal and it behoves on parties not to take any step to frustrate the pending action", she said.


Justice Oke also gave an order of perpetual injunction restraining the Lagos State House of Assembly from investigating allegations of financial impropriety leveled against the Executive arm of the Lagos State government.


In her judgment, Justice Oke stated that the suit was not an abuse of court process because an abuse of court process only arises when a party litigates against a matter that has been settled earlier in a court of law.


"I hold that this action is not an abuse of court process because it is trite law that equity aids the vigilant but not the indolent. The claimant has made out a case to prevent parties from foisting the matter before the Court of Appeal. I, therefore, hold that the application succeeds.

Earlier, Justice Abiru at the Ikorodu Division of the Lagos judiciary had on Tuesday March 30, 2010, declared unconstitutional, null and void, the probe instituted by the House of Assembly against the Executive over allegations of impropriety based on an advertorial placed in a national paper by a group called "The new face of Lagos".


Justice Abiru upheld all the reliefs sought by the petitioner, who had asked the court to stop a six-man investigation panel set up by the Legislature to investigate the Executive by declaring the act as unfair and unconstitutional.


The judge had stated that the institution of an investigation panel based on a publication pursuant to its resolution passed on the January 28, 2010, without that resolution having been first published in its journal or in an official gazette of the Lagos State Government is a fundamental breach of the provisions of Section 128 (1) of the Constitution of the Federal Republic of Nigeria 1999 and is, therefore, unconstitutional, illegal, unlawful, ultra vires and of no effect whatsoever.


Akinnola, in his originating summons dated May 4, 2010, had prayed the court to stop Fashola's probe. He said, among others, that the House's action was unlawful and constituted an affront on rule of law and administration of justice.

He also asked the court to determine whether the House was right to set up an ad hoc committee to probe Fashola despite a pending litigation seeking to stop it.

http://odili.net/news/source/2010/nov/2/10.html

I guess this ignorant and illiterate olodo don't know anything about the court system and injunctions,

I keep telling you, stick to your Akala threads, you do better in that regards,

hehehhe, BabaPussie appears from nowhere anytime Fashola's name is mentioned. All because of N50K/month.

Highlighting your ignorance and illiteracy is always a pleasure and I'll do it for free any time/any day.

You have to agree that Fashola's people handle their political operations very well.

Plus he is performing relatively well.

Aloy+Emeka:

hehehhe, BabaPussie appears from nowhere anytime Fashola's name is mentioned. All because of N50K/month.