The Lagos State High Court has dismissed an application seeking to replace Femi Falana (SAN) as legal counsel for the Lagos State House of Assembly in the suit filed by Rt. Hon. Mudashiru Obasa, who is challenging his initial impeachment as Speaker.
At the hearing on Monday, the court affirmed that Falana remains the duly authorized counsel representing the House of Assembly, the first defendant in the case. The court also reserved judgment on Obasa’s lawsuit contesting the legality of the January 13, 2025, proceedings that led to his removal.
Legal Battle Over Representation
Senior lawyer Olusola Idowu (SAN) had argued that the House had the right to change its legal representation and cited an alleged order from the National Industrial Court reinstating Olalekan Onafeko as the Clerk of the House. Onafeko had reportedly appointed new counsel for the Assembly. However, Falana countered this claim, stating that the Industrial Court never ordered Onafeko’s reinstatement, and that he had not been formally debriefed from the case.
The court also struck out applications from the 1st and 3rd to 35th defendants seeking a stay of proceedings pending appeal.
Court Reserves Judgment on Speaker’s Impeachment Challenge
Justice Yetunde Pinheiro stated that the judgment date will be communicated later, after hearing preliminary objections from multiple defense counsels.
Obasa’s lawyer, Prof. Joshua Olatoke (SAN), urged the court to assume jurisdiction, arguing that the House was in recess on January 13, making the proceedings illegal. However, Falana opposed the suit, asserting that Obasa’s reelection on March 3, 2025, rendered the case irrelevant.
Other defense counsels presented varying arguments:
- Olu Daramola (SAN) (for the 3rd to 35th defendants) maintained that Obasa’s removal was a legislative matter beyond court interference, emphasizing that over two-thirds of the House voted for his removal.
- Clement Onwuenwunor (SAN) (for the 36th to 40th defendants) countered, stating that the January 13 sitting violated House rules, thus granting the court the power to intervene.
Obasa’s Case Declared an Academic Exercise
Falana also argued that since Obasa was reelected as Speaker on March 3, alongside Mojisola Meranda’s reinstatement as Deputy Speaker, the case had lost relevance. He contended that the House has the exclusive right to appoint and remove its leaders without judicial interference.
With judgment pending, the legal battle over Obasa’s impeachment and the Assembly’s internal procedures remains a contentious issue.
