The Lagos High Court sitting in Ikeja has declared the removal of the re-instated Speaker of the State House of Assembly, Mudashiru Obasa, as illegal, unconstitutional, null, and void.
In a ruling delivered on Wednesday, the court invalidated both the proceedings and resolutions of the Lagos State House of Assembly from January 13, 2025, during which Hon. Obasa was removed from office.
Justice Yetunde Pinheiro, the trial judge, also awarded N500,000 in damages for the unlawful and illegal removal of Hon. Obasa, as well as for the psychological distress he suffered as a result of the wrongful action.
Obasa had filed a lawsuit against the House of Assembly and the newly appointed Speaker, Mojisola Meranda, to challenge the legality of his removal.
In his suit, filed on February 12, 2025, by his legal representative, Senior Advocate of Nigeria Afolabi Fashanu, Obasa contended that his ousting by 36 lawmakers occurred while the Assembly was in recess and he was abroad. He argued that the process was unlawful, as it took place without the Speaker’s authority or any formal delegation of power.
In a judgment that lasted approximately three hours, Justice Pinheiro first dismissed the preliminary objections regarding the competence of the suit. The court ruled that failure to comply with pre-action notices did not render the suit invalid.
Regarding the objection that the court lacked jurisdiction to review the proceedings of the State House of Assembly, the judge ruled that “a court of law can intervene when constitutional provisions have not been adhered to during any proceedings of the House of Assembly.”
Citing precedents such as Usman v Kaduna State House of Assembly, Agbaso v Imo State, and Rivers State House of Assembly v Government of Rivers State, the judge emphasized that courts can intervene in cases where there is a gap in constitutional provisions or where the rules of the House have not been followed or where fair hearing was not ensured.
The court affirmed that the issues raised in the case were matters the court had the authority to adjudicate upon, particularly regarding the constitutionality of the procedure followed by the Lagos State House of Assembly when Obasa was removed and whether due process was followed.
The court referenced the rules of the House, stating that only the House leadership has the authority to request the Speaker to convene a meeting, and that the Chief Whip does not hold such authority.
The court further clarified that, according to Rule 30 of the House’s rules, the Chief Whip is not granted the authority to reconvene the Assembly. It also ruled that any actions taken to reconvene the House after an indefinite adjournment were invalid, regardless of the majority vote.
In conclusion, the court ruled that the defendants could not lawfully remove the Speaker without adhering to Order 2, Rule 9 of the Lagos State House of Assembly Rules. Therefore, the judge set aside the purported sitting of the House members, the removal of Hon. Obasa as Speaker, and the installation of Hon. Mojisola Meranda as the new Speaker.
