Former Lagos Governor, Akinwunmi Ambode, has appealed the ruling of a Lagos High Court which struck out his suit against the State House of Assembly.
The House is probing Ambode over the procurement of 820 buses during his tenure.
In his notice of appeal filed by his counsel, Tayo Oyetibo, SAN, before the Lagos division of the Court of Appeal, Ambode prayed the appellate court to return the case to the High Court.
He is asking that Chief Judge reassign his suit to another judge of the High Court for trial.
Respondents are the State House of Assembly, its Speaker, Rt. Hon. Mudashiru Obasa and the House Clerk, Mr. A. A. Sanni and Fatai Mojeed, the Chairman of the Ad-hoc Committee set up to probe the buses procurement.
On the grounds of appeal, Ambode argued that the court erred in law when it held that the suit he filed was not mature.
He said any person who assumes that his right is being infringed upon or likely to be infringed has the right to invoke the jurisdiction of the court to seek legal protection, which the court has a duty to entertain.
Ambode argued further that the court below erred in law when it held that Section 36 (1) of the 1999 constitution does not apply to the exercise of the powers of the defendants under Section 128 of the constitution.
He argued that Section 128 (1) of the Constitution provides that the exercise of the powers of the House of Assembly is subject to the provisions of the 1999 constitution.
Ambode submitted that the trial court erred in law when it held that the Claimant action does not disclose a reasonable cause of action.
He insisted that the trial judge erred in law when it held that the defendant’s objection was properly taken without the defendants filing a statement of defence.
