Hours after the Lagos High Court struck out his application seeking a restraining order against the State House of Assembly, the former Governor, Akinwunmi Ambode has filed his notice of appeal.
A copy of the document as obtained by Channels Tv’s judiciary correspondent, Shola Soyele shows that the former Governor is seeking an order 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.
The former governor 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, Mr Ambode says that unless the lawmakers are restrained, they will act on the recommendations of its 9-man ad-hoc committee set up to investigate all transactions in respect of the 820 buses, a committee which he claims has already vilified, disparaged and denigrated him at a previous sitting of the House of Assembly on 27th Aug. 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.
He’s asked the appeal court to set aside the decision of the Lagos High Court and an order remitting the matter back to the Chief Judge of Lagos, Justice Kazeem Alogba to reassign the case to another judge for trial.