The Lagos State High Court in Ikeja has ruled that the removal of Mudashiru Obasa as Speaker of the Lagos State House of Assembly was unlawful, unconstitutional, and of no legal effect.
The judgment, delivered on Wednesday, also voided all proceedings and resolutions passed by the House on January 13, 2025 — the day Obasa was removed from office.
Justice Yetunde Pinheiro, who presided over the case, awarded N500,000 in damages to Obasa for what she described as the “unlawful and illegal removal” and the psychological distress he suffered.
Obasa had taken legal action against the House of Assembly and Hon. Mojisola Meranda, who was appointed Speaker following his removal.
Represented by Senior Advocate of Nigeria Afolabi Fashanu, he contended that the process used to oust him was flawed and lacked legal standing.
He claimed the action was carried out while the House was on recess and he was abroad.
The court first dismissed preliminary objections that challenged the validity of the case.
Justice Pinheiro ruled that failure to issue a pre-action notice did not invalidate the suit.
On the issue of jurisdiction, she affirmed, “A court of law can intervene where the provisions of the constitution have not been met during any proceedings of the house of assembly.”
The court drew upon precedents such as Usman v Kaduna State House of Assembly, Agbaso v Imo State, and Rivers State House of Assembly v Government of Rivers State.
According to the judge, courts are permitted to step in when constitutional gaps exist, or when house rules are ignored and fair hearing is denied.
She emphasized that the issues raised by Obasa pertain to the constitutionality of his removal and the procedures employed by the Assembly.
“The facts of this case are questions that the court can adjudicate upon,” she said, adding that the matter was one of due process.
The court examined the House’s internal rules and determined that only its recognized leaders have the authority to summon a sitting.
The chief whip, who had played a role in the controversial sitting, lacked the capacity to convene the session.
“By the rules of the Lagos State House of Assembly, there exists a hierarchy under Order 7,” Justice Pinheiro stated.
“Rule 30 of the Rules which relates to the authority of the chief whip also does not confer on him such authority.”
She further noted that even if a majority of lawmakers supported the session, the reconvening of the Assembly after an indefinite adjournment required compliance with specific procedural rules.
“Every step taken towards reconvening the meeting of the house after it had adjourned indefinitely cannot stand,” she ruled.
Concluding the judgment, Justice Pinheiro declared the session that led to Obasa’s removal invalid.
“The defendants cannot validly remove the speaker without complying with Order 2, Rule 9 of the Lagos State House of Assembly Rules,” she said.
Accordingly, the court set aside the January 13 session, Obasa’s removal, and the appointment of Hon. Mojisola Meranda as Speaker.
