BREAKING: Court rules Obasa’s removal as Speaker illegal, awards damages

The Lagos High Court in Ikeja has declared the removal of Mudashiru Obasa as Speaker of the Lagos State House of Assembly as illegal, unconstitutional, null, and void.

In a ruling delivered on Wednesday, Justice Yetunde Pinheiro also cancelled the Assembly’s sitting and resolutions of January 13, 2025, when Obasa was removed from office.

The court further awarded N500,000 in damages to Obasa for the psychological stress and embarrassment caused by his unlawful removal.

Obasa had taken legal action against the House of Assembly and the then newly installed Speaker, Mojisola Meranda, arguing that his removal was invalid. Represented by Senior Advocate of Nigeria, Afolabi Fashanu, he filed the suit on February 12, 2025, stating that 36 lawmakers carried out the process while the Assembly was on recess and while he was out of the country.

He claimed that the sitting was unauthorised, as it was done without his consent or any formal transfer of authority.

In a detailed judgment that lasted nearly three hours, Justice Pinheiro overruled the preliminary objections raised by the defendants, stating that failure to follow pre-action notices does not make a case unfit for hearing.

On the argument that the court had no power to review legislative proceedings, the judge disagreed, explaining that courts can step in when constitutional procedures are not followed during such processes.

Quoting legal precedents like Usman v Kaduna State House of Assembly, Agbaso v Imo State, and Rivers State House of Assembly v Government of Rivers State, the judge explained that courts have the right to act when there are gaps in the constitution or when house rules are violated, especially when fair hearing is not guaranteed.

In Obasa’s case, the court agreed that the matter was worth judicial attention, as it involved the constitutionality of the removal process.

The judge said the actions taken by the Assembly on that day did not meet legal requirements.

Referring to the Assembly’s own rules, the court pointed out that only recognized leaders within the House can request the Speaker to call for a sitting, and that the Chief Whip, who initiated the meeting, is not recognised as a leader under Order 7.

Rule 30, which defines the powers of the Chief Whip, also does not give him such authority.

Justice Pinheiro held that any action taken to reconvene the Assembly after an indefinite adjournment was invalid, even if it had the backing of the majority of members.

In conclusion, the court ruled that the lawmakers failed to comply with Order 2, Rule 9 of the Assembly’s rules and therefore invalidated the sitting, the removal of Obasa as Speaker, and the installation of Hon. Mojisola Meranda as his replacement.