Orunimighe, who was one of the four council bosses removed by the Bayelsa State House of Assembly on July 26, is asking for N100 million damages against the defendants for unconstitutionally removing him from office.
The former council boss in the suit filed by his counsel, Mr Affinih Egbegi, argued that the House lacked the constitutional powers to sack him and asked the court to reinstate him as the chairman of Southern Ijaw Local Government Council.
Joined as defendants in the suit which was filed on Aug. 15, are the Attorney General of Bayelsa State, Clerk of the Bayelsa State House of Assembly, Commissioner of Police, Bayelsa State Police Command and Hon. Felix Bonny Ayah, who was sworn-in as the claimant’s replacement.
Orunimighe also deposed to a 35-paragragh affidavit in support of the suit delineated as No: YHC/126/2012.
Among the reliefs being sought by Orunimighe is “ a declaration that the power conferred on the Bayelsa Assembly by virtue of the provisions of section 128 of the Constitution of the Federal Republic of Nigeria 1999, as amended, to direct or cause to be directed an inquiry or investigation etc, does not extend to matters concerning the budgetary expenses /financial appropriations and financial affairs of Local Government councils, which councils are explicitly provided for in section 3(6) of the Constitution of the Federal Republic of Nigeria”.
Orunimighe further asked the court to declare that the exercise by the entire members of the House on July 26, to investigate his tenure as Chairman of the Southern Ijaw Local Government Council, with a view to making him account for his stewardship, was a gross abuse and violation of the provisions of Section 128 of the Constitution of the Federal Republic of Nigeria, 1999, as amended and therefore illegal, null and void and of no effect.
The claimant asked for a declaration that the House lacked the power to constitute itself into a court of law to try and punish him for the alleged commission of any offence under the guise of exercising its constitutional powers to direct or cause to be directed an inquiry or investigation as envisaged under section 128 of the Constitution of the Federal Republic of Nigeria, 1999, as amended.
He is also asking for a declaration that only the Auditor-General of Local Government and Local Government Inspectors as provided for in sections 50, 51 and 52 of the Bayelsa State Local Government Law, 2000 as amended can audit the books and accounts of the Local Government Council chaired by the Claimant as a democratically elected local government chairman and not the legislators.
Orunimighe asked the court to declare that Section 24 (6) of the Local Government Law of Bayelsa State, 2000 as amended, which empowered the governor to remove a democratically elected local government chairman, with the approval of a two-thirds majority of the members of the house on the grounds of serious misconduct based on the proceedings of July 26 of the legislators, without compliance with the provisions of section 36 of the Constitution of the Federal Republic of Nigeria,1999,as amended, was a flagrant violation of his fundamental right to fair hearing.
The claimant asked the court for an Order of perpetual injunction restraining the Police Commissioner whether by himself or through his agents, servants, privies or any person acting on his instructions, from arresting and or detaining him with a view to commencing and or initiating criminal proceedings against him in connection with the allegations of financial impropriety, gross misconduct and corruption based on the July 26 recommendations of the house.
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