An Ikeja High Court on Wednesday ruled that the removal of Lagos State House of Assembly Speaker Mudashiru Obasa was unconstitutional and unlawful, reinstating him to his position and awarding him N500,000 in damages.
Justice Yetunde Pinheiro, delivering the judgment, held that the assembly violated its own procedural rules in orchestrating Obasa’s removal and convening a plenary session in his absence. The judge ruled that the session, held without the Speaker’s consent or a formally delegated authority, was invalid under the legislative body’s standing rules.
Justice Pinheiro further emphasized that only duly recognized leaders within the House have the authority to summon such a session. She noted that the chief whip, who initiated the meeting, lacked the statutory power to do so. Citing Order 7 and Rule 30 of the House Rules, the court concluded that the chief whip’s role does not include convening legislative sittings.
“The defendants cannot lawfully remove the Speaker without adhering to Order 2, Rule 9 of the Lagos State House of Assembly Rules,” Justice Pinheiro stated. “The session conducted by the lawmakers, the purported removal of the claimant, and the installation of the second defendant are hereby declared illegal, null, and void.”
The court also dismissed preliminary objections raised by the defendants, declaring them without merit. Justice Pinheiro affirmed the court’s jurisdiction in the matter, stating that judicial oversight is warranted when constitutional procedures are bypassed in legislative processes.
In arriving at her decision, the judge referenced key judicial precedents, including Usman v. Kaduna State House of Assembly, Agbaso v. Imo State House of Assembly, and a recent Supreme Court ruling involving the Rivers State House of Assembly. These cases, she noted, establish the court’s authority to intervene when legislative procedures deviate from constitutional mandates.
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Obasa had filed the suit on February 12, challenging his removal during a recess while he was reportedly out of the country. His legal counsel, Afolabi Fashanu (SAN), argued that the process was procedurally flawed and lacked legal standing, given it occurred without the Speaker’s authorization or any delegation of his powers.
The lawsuit cited nine grounds, relying on interpretations of the 1999 Constitution (as amended) and the internal rules governing the Lagos State House of Assembly. The court sided with Obasa, affirming the justiciability of the issues raised.
With the ruling, Obasa is formally reinstated as Speaker, while the court’s declaration renders the actions taken during the disputed session legally void.
