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A High Court in Ikeja, Lagos, on Monday gave an order
restraining the Lagos State House of Assembly from further probing the
state’s governor, Babatunde Fashola, over allegations of financial
misappropriation.

The presiding Judge, Opeyemi Oke, said that it is
unlawful for the legislators to continue with their investigation since
there is a substantive suit before the Court of Appeal. In addition,
the court gave an order of perpetual injunction restraining the
defendant and any of its agents, officers, servants, committees, in
particular the Ad Hoc Committee set up on April 15 from further
investigating the governor.

A group which calls itself the “True Face of Lagos’’
had levelled allegations of financial impropriety against the executive
arm of the government.

The judge said that the Originating Summons filed by
the claimant was different from the earlier issue dispensed by Justice
Habib Abiru of the Ikorodu Division of the Lagos judiciary. The
applicant, Richard Akinnola, had gone to the Appeal Court to contest
some gray areas in the judgment of the lower court.

Justice Oke, in her judgment, noted that it was the
duty of the counsel to educate their clients on the hierarchy of the
courts. “This court has an inherent duty to ensure that due regards,
due respect and due honour is given to the Court of Appeal which is a
superior court.

“Where a counsel fails to do this by not bringing
this to the knowledge of his client, it is the duty of the honourable
court to compel the party to do so through the order of the court by
granting the injunctive order,’’ she said.

Justice Abiru had on March 30 declared
unconstitutional, null and void, the probe instituted by the House
against the governor based on an advertorial placed in a national paper
by the New Face of Lagos.

Justice Abiru upheld the relief sought by the
petitioner, Richard Akinola, who had asked the court to stop a six-man
investigation panel set up by the legislature to investigate the
executive.

Mr. Akinnola in his Originating Summons dated May 4,
2010 prayed the court to stop the probe of Mr. Fashola, saying that the
action by the House was unlawful and constituted an affront on the rule
of law and administration of justice.

He also asked the court to determine whether the
House was right to set up an Ad hoc Committee to probe Mr. Fashola
despite a pending litigation seeking to stop it.