Another court restrains lawmakers from probing Fashola

A High Court in Ikeja, Lagos, on Monday gave an order restraining the Lagos State House of Assembly from further probing the state’s governor, Babatunde Fashola, over allegations of financial misappropriation.

The presiding Judge, Opeyemi Oke, said that it is unlawful for the legislators to continue with their investigation since there is a substantive suit before the Court of Appeal. In addition, the court gave an order of perpetual injunction restraining the defendant and any of its agents, officers, servants, committees, in particular the Ad Hoc Committee set up on April 15 from further investigating the governor.

A group which calls itself the ``True Face of Lagos’’ had levelled allegations of financial impropriety against the executive arm of the government.

The judge said that the Originating Summons filed by the claimant was different from the earlier issue dispensed by Justice Habib Abiru of the Ikorodu Division of the Lagos judiciary. The applicant, Richard Akinnola, had gone to the Appeal Court to contest some gray areas in the judgment of the lower court.

Justice Oke, in her judgment, noted that it was the duty of the counsel to educate their clients on the hierarchy of the courts. ``This court has an inherent duty to ensure that due regards, due respect and due honour is given to the Court of Appeal which is a superior court.

``Where a counsel fails to do this by not bringing this to the knowledge of his client, it is the duty of the honourable court to compel the party to do so through the order of the court by granting the injunctive order,’’ she said.

Justice Abiru had on March 30 declared unconstitutional, null and void, the probe instituted by the House against the governor based on an advertorial placed in a national paper by the New Face of Lagos.

Justice Abiru upheld the relief sought by the petitioner, Richard Akinola, who had asked the court to stop a six-man investigation panel set up by the legislature to investigate the executive.

Mr. Akinnola in his Originating Summons dated May 4, 2010 prayed the court to stop the probe of Mr. Fashola, saying that the action by the House was unlawful and constituted an affront on the 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 Mr. Fashola despite a pending litigation seeking to stop it.