Justice Yetunde Rukayat Pinheiro of the Lagos State High Court in Ikeja on Friday joined all members of the Lagos House of Assembly as parties in the suit filed by former Speaker of the Lagos State House of Assembly, Mudashiru Obasa.
Justice Pinheiro gave the Order for Joinder after the lawmakers moved an application to that effect through their lawyer, Olu Daramola (SAN).
Both the lawyers to Obasa, Afolabi Fashanu (SAN) and that of the new Speaker, Mojisola Meranda, Tayo Oyetibo (SAN) did not oppose the application.
Justice Pinheiro had also adjourned the suit till March 7 to hear all pending applications.
Obasa, in the suit, is urging the court to declare that his colleagues in the House acted unlawfully by removing him while the Assembly was on recess.
In the application dated February 12, 2025, the embattled lawmaker claimed that he was removed from his position on January 13, 2025, by 36 lawmakers while he was out of the country.
During the proceedings, a mild drama occurred when another lawyer, Abang Mkpandiok, challenged Femi Falana (SAN), who had earlier announced his representation of the Lagos State House of Assembly.
Mkpandiok told the court that the Assembly had briefed him last night and had filed his motion for a change of counsel in the matter Friday morning.
The lawyer submitted that the choice of counsel is a fundamental human right and urged the court to take his application first.
But Falana, in his objection, told the court that he had not been served, and remained the counsel on record for the Assembly.
Oyetibo also said he had not been served with the application.
Mkpandiok then elected to serve the application on the other counsel in court.
After reviewing the court’s records, Justice Pinheiro noted that the application for change of counsel was not ripe for hearing.
The court said, “As counsel himself has admitted that the application has not been served to all parties, I’ll defer the same pending compliance with court rules.”
The court also held that the application for accelerated hearing would not be decided at a later date.
Obasa is seeking an order of the court fixing a date for the accelerated hearing of the case and to shorten the time allowed for the defendants to respond with counter-affidavits or written addresses to seven days post-hearing.
He also asked the court to order that the time for the plaintiff to file their replies on points of law be limited to three days.
Obasa’s application is based on nine grounds, focusing on the interpretation of various sections of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and the Rules and Standing Orders of the Lagos State House of Assembly.
The plaintiff challenges the constitutionality of the Lagos State House of Assembly’s sitting and proceedings during recess without the Speaker convening the House or delegating authority to someone else.
“Public interest necessitates that this case be heard and resolved quickly to avoid disruption of legislative activities in the state,” Obasa argued.
He maintained that the court must urgently determine the legality behind the Assembly’s current leadership, insisting that it violates the applicable laws and rules.
He further asserts that the court holds inherent powers to grant expedited hearings and time limitations.
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