The Lagos State High Court in Ikeja, on Wednesday, declared the removal of Mudashiru Obasa as Speaker of the Lagos State House of Assembly unconstitutional, rendering the proceedings that led to his ouster null and void.
Justice Yetunde Pinheiro, delivering the judgment, held that the process that culminated in Obasa’s removal violated both constitutional provisions and the Assembly’s own procedural rules.
The embattled Speaker had approached the court after he was removed from office in January, during a controversial session of the House. The session, which reportedly involved 36 lawmakers, took place while the Assembly was on recess and Obasa was out of the country.
Obasa, represented in court by Senior Advocate of Nigeria, Chief Afolabi Fashanu, argued that the sitting was unauthorized, having been convened without his knowledge or any formal delegation of authority. He contended that such action was procedurally defective and breached the established Standing Orders of the House as well as the 1999 Constitution (as amended).
The suit, which listed the Lagos State House of Assembly and Hon. Mojisola Meranda, named as Obasa’s replacement, as respondents, hinged on nine legal grounds. Among these were claims that the purported session lacked legitimacy and that his removal was politically motivated and executed outside the bounds of due process.
Justice Pinheiro agreed with Obasa’s position, affirming that the process did not meet the legal threshold for a valid removal. The judge emphasized that legislative procedure and constitutional safeguards must be strictly adhered to, especially when altering the leadership of a democratic institution.
The ruling not only reinforces Obasa’s restoration to his position but also invalidates all actions taken by the House during the disputed session.
© Ripples Nigeria