The Lagos High Court sitting in Ikeja has declared the removal of Mudashiru Obasa as Speaker of the Lagos State House of Assembly as illegal, unconstitutional, and null and void. The court also nullified all proceedings and resolutions that took place during the controversial January 13, 2025 sitting where Obasa was ousted.
Justice Yetunde Pinheiro, who delivered the judgment, ordered Obasa’s reinstatement and awarded him N500,000 in damages for what she described as an unlawful removal and the psychological embarrassment it caused him.
Obasa filed the suit on February 12, 2025, challenging the legitimacy of his removal. His lawyer, Senior Advocate of Nigeria Afolabi Fashanu, argued that the sitting where the decision was made was unconstitutional since it occurred while the House was on recess and in Obasa’s absence from the country. He noted that the meeting was called without the Speaker’s authority or any formal delegation of power.
In a judgment that lasted nearly three hours, the court dismissed all preliminary objections raised by the defendants, including claims that the court lacked jurisdiction over legislative proceedings. Justice Pinheiro maintained that courts have the right to intervene in legislative matters when constitutional procedures are not followed.
According to the judge, “a court of law can intervene where the provisions of the constitution have not been met during any proceedings of the House of Assembly.” She referenced multiple precedents, including Usman v Kaduna State House of Assembly and Agbaso v Imo State, to support her position.
Justice Pinheiro emphasized that the Lagos House of Assembly rules do not permit just anyone to convene a sitting, particularly after an indefinite adjournment. She noted that the Chief Whip, who initiated the session, does not possess such authority under Order 7 or Rule 30 of the House rules.
“The chief whip is not a leader of the House as defined by the rules, and therefore lacks the authority to summon a plenary session,” she stated.
The court ruled that every step taken to reconvene the meeting and remove the Speaker was invalid. The fact that a majority of lawmakers participated or voted in favor of the process did not make it lawful, the court added.
In her final analysis, Justice Pinheiro ruled that the House failed to comply with Order 2, Rule 9 of its standing rules. She therefore set aside the January 13 session, nullified Obasa’s removal, and declared the installation of Hon. Mojisola Meranda as Speaker invalid.
The judgment highlights the judiciary’s role in safeguarding democratic processes and enforcing the rule of law, particularly when constitutional procedures are sidestepped in political power plays.
