A Lagos High Court in Ikeja on Tuesday fixed Nov. 1 for the judgment in a suit to restrain the Lagos State House of Assembly from probing Gov. Babatunde Fashola.
The suit was filed by Richard Akinola urging the court to stop the legislators from investigating allegations of alleged financial impropriety levelled against the governor.
Counsel to the claimant, Bamidele Aturu, had asked the court to restrain the legislators from carrying out any investigation pending the determination of a substantive suit before the Court of Appeal.
Aturu in a 22 paragraph affidavit to support the originating summons prayed the court to make a declaration that the action of the legislators was unlawful.
He said it is an affront on administration of justice and the rule of law for the defendant and any of its agents, officers, servants, committees, in particular the Ad Hoc Committee set up on April 15, to continue to investigate or act on the purported investigation of allegations of financial impropriety levelled against the executive arm of Lagos State Government by a group which calls itself the `True face of Lagos'.”
Aturu therefore, asked the court for an order of perpetual injunction restraining the legislators from investigating Fashola pending application for an injunction against the continuation of the investigation at the Appeal Court.
In his submission, the Defence Counsel, Shola Shodipo, said the legislators were only performing their constitutional duties and responsibilities to the people of Lagos State.
Shodipo argued that the claimant had made the same application at the Appeal Court and prayed the court to dismiss the suit as it was an abuse of the court process.
Justice H.A.O. Abiru of the High Court of Lagos State had in its judgment on March 16, held that the setting up of a committee by the legislators was illegal.
The court also had held that certain conditions precedent in the 1999 Constitution was not complied with.
It, however, refused to grant the prayer of the claimant to the effect that the defendant can only conduct investigation if the purpose is to make a law or correct a defect in an existing law.
The Judge, Justice Opeyemi Oke, after hearing their arguments fixed Nov.1 for judgment.
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