The Court of Appeal, Ibadan Division, on Tuesday fixed Feb. 8 for hearing of an appeal filed by a former Oyo State Deputy Governor, Mr Rauf Olaniyan, challenging his impeachment by the House of Assembly.
The News Agency of Nigeria (NAN) reports that the first and second respondents in the appeal are: Oyo State House of Assembly and Clerk, with the Chief Justice of Oyo State, the Attorney-General and Kayode Christopher as the third to fifth respondents.
The appeal panel chaired by Justice Yargata Nimpa fixed Feb. 8 for hearing after granting the application for extension of time of brief of argument filed by counsel to the first and second respondents, Mr Samuel Oyadoyin.
The panel also granted the motion of the appellant’s counsel, Mr Kazeem Gbadamosi, SAN, to deem the appellant’s reply brief of Nov. 23, 2023 as properly filed before the court.
The panel, before granting the application and motion, had asked the counsel to the third and fifth respondents, Mr O.A. Ogunniran, Director of Litigation in the state Ministry of Justice, whether he was opposed to it, to which he said ‘No’.
“The application for extension of time to file brief of argument of first and second respondents and the motion of the applicant is granted.
“The case is adjourned to Feb. 8 for hearing,” Nimpa said.
NAN recalls that Justice Bayo Taiwo of Oyo State High Court had, in his judgment on Jan. 9, 2023, declared as constitutional, the process of Olaniyan’s impeachment by the assembly and, consequently, upheld the impeachment.
Not satisfied with the judgment, Olaniyan had approached the appellate court, praying it to set it aside and nullify his impeachment for not complying with constitutional provisions and thus lacking fair hearing.
NAN reports that the former deputy governor was impeached by the assembly over allegations of financial recklessness, misconduct and insubordination, among others.