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A law firm, Messrs Adeniyi Akintola & Co Okunbiyi Chamber, has written to the Osun State Commissioner for Justice and Attorney General, asking the AGF to advise the state government to pay the National Secretary of the All Progressive Congress (APC), Senator Iyiola Omisore, the lawful salaries and allowances accruable to him during the period he constitutionally served as the deputy governor of the state.
The law firm, in the letter, noted that since the impeachment of Senator Omisore as the state deputy governor was declared invalid and unconstitutional by a Federal High Court in the country in November, 2002, an appeal against the judgment was not heard before the expiration of the administration’s tenure in 2003.
The firm stressed that: “As counsel to various litigants in various impeachment proceedings across the country, especially in Inakoju v. Ladoja and Alhaji Olanusi v. Ondo State Government in our own geo-political zone of the South-West, it has since been proven and established by the court of competent jurisdiction in the aforementioned cases that those declared to have been unlawfully impeached by the Courts are entitled to their lawful salaries and allowances, which is accruable to them during the constitutionally guaranteed tenure of their office.”
The firm further stated that based on the above premise, the AGF should use his good office to explain‘the position of law to the Executive governor of the state without any iota of sentiment or emotion, but in strict compliance with Section 287 of the 1999 constitution of the Federal Republic of Nigeria (As amended), which enjoined all authorities operating under the said 1999 constitution to comply and enforce judgments of courts of competent jurisdiction.’
In a similar vein, another lawyer, Abiodun Badiora of AG & PT firm, wrote to the state AGF, stating that “Section 188 of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) provides for procedure for the impeachment of the Governor or the Deputy Governor. In interpreting the said provision of the Constitution, the Supreme Court, in the cases of INAKOJU VS. ADELEKE (2007) 4 NWLR (Pt.1025) 423 and DAPIALONG VS. DARIYE (2007) 4 NWLR (Pt.1036) 332, held that it is mandatory to follow all the laid down procedure before impeachment can be held to be valid under the Constitution, and where any of the procedure is breached , the Court can intervene and declare such impeachment to be invalid.
Upon receipt of the letters, the AGF, however, demanded that ‘the proceedings of the state House of Assembly allegedly done between November 19, 2002 and November 22, 2002 and set aside by the Court, where alleged impeachment was discussed, and which formed the basis of the complaint of the Senator, should be sighted before any conclusion can be reached that the then House acted contrary to the pending order of the Court.’ Since 2003, Omisore has not been paid his entitlements by the state government.
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