820 Buses: Ambode Appeals Ruling, Seeks Retrial Of Suit

February 27, 2020

Hours after the Lagos High Court in Ikeja struck out his suit seeking to restrain the State House of Assembly for investigating him, Governor, Akinwunmi Ambode has filed a notice of appeal against the ruling.

The former Governor, in his Notice of Appeal, is seeking an order of the Lagos Division of the Appeal Court restraining the lawmakers from going ahead or taking further steps in respect of the probe pending the final determination of the appeal.

Ambode also wants the court to make an order restraining the lawmakers from taking any steps that will deprive him of his personal right to liberty pending the determination of the appeal

In a 17 paragraph affidavit deposed to by a legal practitioner, Olufeyijimi Tayo-Tiwo, Ambode says that unless the lawmakers are restrained, they will act on the recommendations of its 9 man ad-hoc Commitee set up to investigate all transactions in respect of the 820 buses, a Commitee which he claims has already vilified, disparaged and denigrated him at a previous sitting of the House of Assembly on August 27, 2019.

He further submits that there is a real danger that he will be further exposed to public ridicule & opprobrium, the embarrassment and stigma of which will have become irreparable by the time the appeal would be concluded, thereby rendering any judgment of the court of appeal ineffectual and worthless.

Indeed, the sole issue for determination in the notice of appeal is, “whether having regard to all the reliefs he is seeking, the former Governor is not entitled to an order of injunction pending the determination of his appeal”

The notice of appeal document lists Four grounds of Appeal and former Governor Akinwunmi Ambode is contending among other things that the court erred when it held that his suit was premature, does not disclose a reasonable cause of action and that the court lacked the jurisdiction to entertain it.

He also contends that the court was wrong in holding that the exercise of the lawmakers powers of investigation under Section 128(1) of the constitution is subject to his right to fair hearing as guaranteed by Section 36(1) of the constitution especially when his right was being violated.

Ambide is urging the appeal court to set aside the ruling of the Lagos State High Court and an order remitting the matter back to the Chief Judge of the state, Justice Kazeem Alogba to reassign the case to another judge for a fresh trial.