Justice Yetunde Pinheiro of the Lagos State High Court on Monday reserved judgment in the suit filed by the reinstated Speaker of the House of Assembly, Mudashiru Obasa, who is challenging the legality of the January 13, 2025 proceedings that led to his initial removal.
The judge heard several preliminary objections by various counsel representing the defendants and said the date to deliver the judgment and rulings would be communicated to parties in due course.
Earlier when the matter came up, Obasa’s counsel Prof. Joshua Olatoke (SAN), urged the court to assume jurisdiction to hear the matter.
He argued that the House was in recess at the time the lawmakers convened illegally on January 13, 2025, without duly informing either the Speaker or the Majority Leader, who has the power to reconvene any session during recess.
However, counsel for the Assembly, Mr Femi Falana, (SAN), opposed the suit brought by way of originating summons.
Falana contended that the proceedings of March 3, 2025, which saw the reelection of Obasa as Speaker, had overtaken the earlier proceedings.
But one of the lead counsel representing the 3rd to the 35th defendants, Olu Daramola (SAN), in his argument stated that the removal of the Speaker was an internal affair of the House, which the courts cannot interfere in.
He added that the proceedings of January 13, 2025 were valid, having been held in the Assembly and the decision taken to remove the Speaker was taken by more than the constitutional requirement of a two-thirds majority of the members.
On his part, the lead counsel representing the 36th to the 40th defendants, who are in support of the claimant’s action, Clement Onwuenwunor (SAN), argued that the January 13, 2025 sitting was done in clear violation of the rules governing the House of Assembly, which empowers the court to assume jurisdiction to hear the case.
In the preliminary objection filed by the Assembly, Falana contended that Obasa’s suit should be dismissed by the court as it was instituted without a pre-action notice known to law issued by the House of Assembly.
He also argued that the House had the right to appoint and remove the Speaker and other principal officers of the House, without the court’s interference.
Falana added that by virtue of Obasa’s reelection as Speaker, and Mojisola Meranda being restored to her previous position of Deputy Speaker on March 3, 2025, the case had become academic.
The counsel representing Meranda, as well as the 33 lawmakers also argued similar motions for the suit to be dismissed, saying it was an abuse of judicial processes as the Speaker agreed to be reelected and yet, he is still suing the House of Assembly.
