The Lagos State High Court in Ikeja has reinstated Mudashiru Obasa as Speaker of the Lagos State House of Assembly, declaring his removal from office on January 13, 2025, as illegal, unconstitutional, null and void.
In a judgment delivered on Tuesday by Justice Yetunde Pinheiro, the court also awarded N500,000 in damages to Obasa for the psychological distress and embarrassment suffered as a result of his ouster.
Justice Pinheiro, in a decision that lasted nearly three hours, held that all proceedings and resolutions made during the disputed sitting were invalid and without legal standing.
The court found that the session, held during the Assembly’s recess while Obasa was out of the country, was convened in violation of constitutional and procedural rules.
Obasa had, through his counsel, Afolabi Fashanu (SAN), filed a suit on February 12, 2025, challenging the legitimacy of his removal and the appointment of Mojisola Meranda as Speaker in his absence.
The suit named the Lagos State House of Assembly and Meranda as defendants.
Fashanu argued that the Assembly session that led to Obasa’s removal was improperly convened without lawful authority or adherence to established House procedures.
He maintained that neither Obasa nor any authorised leadership of the House had approved the meeting.
In response, the defendants raised preliminary objections, questioning the court’s jurisdiction and arguing procedural irregularities, including lack of pre-action notice.
However, Justice Pinheiro overruled the objections, stating that non-compliance with pre-action notice requirements does not invalidate a suit and reaffirming the court’s authority to review legislative actions where constitutional violations are evident.
“The court of law can intervene where the provisions of the constitution have not been met during any proceedings of the House of Assembly,” Justice Pinheiro ruled, citing precedents such as Usman v Kaduna State House of Assembly and Agbaso v Imo State.
Central to the court’s decision was whether the Assembly followed due process in reconvening and executing the removal of the Speaker. Justice Pinheiro found that the Assembly failed to comply with its own rules and constitutional guidelines.
The meeting, according to the judge, was illegally summoned by the Chief Whip, who lacked the authority to do so under House Rules.
Referencing Order 7 and Rule 30 of the Assembly’s Standing Orders, the court noted that no valid notice or reconvening process was undertaken after the House had adjourned sine die (indefinitely).
The judge further held that even majority attendance or support at the sitting could not legitimise an improperly convened session.
In conclusion, Justice Pinheiro nullified all decisions taken at the January 13 sitting, including the removal of Obasa and the appointment of Meranda.
She ordered that the Speaker be reinstated immediately and affirmed the judiciary's role as a check on unconstitutional legislative conduct.
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