What Does The Law Say About Obasa’s Reinstatement?

Following the impeachment of Mudashiru Obasa as Speaker of the Lagos State House of Assembly, President Bola Tinubu has ramped up pressure on the lawmakers to reverse their decision and reinstate him, Peoples Gazette reported. 

Obasa’s removal, seen by some as the fallout of his increasing political ambitions, sent shockwaves through Lagos, Nigeria’s commercial capital, and has since sparked intense political maneuvering. The former Speaker, a long-time political ally of Tinubu, was removed by a majority of House members on January 13, 2025, over allegations of misconduct and financial misappropriation. Shortly after, Lasbat Mojisola Meranda was elected as the new Speaker, becoming the first woman to hold the position in Lagos State’s history. 

Almost a month after his impeachment, key figures within the ruling All Progressives Congress (APC), led by Tinubu, are working behind the scenes to engineer his return, Peoples Gazette reported. Tinubu urged lawmakers to prepare for Obasa’s reinstatement, arguing that the political cost of his removal could outweigh the benefits of holding him accountable for alleged corruption and abuse of office.

However, not all lawmakers are on board with the plan, according to the report. Some members of the Assembly have expressed strong reservations about Obasa’s return, particularly those who played an active role in his impeachment. These lawmakers fear that reinstating him would not only undermine the credibility of the House but also expose them to potential political retribution. Nonetheless, lawmakers who participated in his impeachment have begun to extend apologies, signaling a possible shift in the Assembly’s stance and laying the groundwork for a potential comeback.

What Does The Law Say? Can an Impeached Speaker Be Reinstated?

Obasa’s potential return has reignited debate over the legal framework governing the impeachment and reinstatement of a Speaker in Nigeria. The 1999 Constitution of the Federal Republic of Nigeria provides clear guidelines for the election and removal of a Speaker but remains silent on reinstatement procedures. However, it remains silent on the procedures for reinstating an impeached Speaker. This legal gap has become a subject of intense debate, particularly in light of the recent political developments surrounding the impeachment of Mudashiru Obasa as Speaker of the Lagos State House of Assembly and ongoing efforts to reinstate him.

According to Section 92(1) of the 1999 Constitution of the Federal Republic of Nigeria, each State House of Assembly is required to elect a Speaker and a Deputy Speaker from among its members. This provision ensures that the leadership of the House is chosen democratically and reflects the collective will of its elected representatives.

However, the Constitution also outlines conditions under which a Speaker can be removed from office. Section 92(2)(c) specifies that the Speaker or Deputy Speaker shall vacate office if removed by a resolution of the House of Assembly, supported by at least a two-thirds majority of its members. This clause ensures that the impeachment of a Speaker is not taken lightly and requires a significant consensus among lawmakers before such action can be carried out. The provision serves as a safeguard against arbitrary removals and promotes stability in the leadership of the House.

While the Constitution clearly defines the process for electing and removing a Speaker, it does not explicitly provide any mechanism for the reinstatement of an impeached Speaker. This legal silence has led to questions about whether a removed Speaker, such as Mudashiru Obasa, can lawfully return to office and what procedures would be necessary for such an outcome.

In the absence of constitutional guidelines on reinstatement, the Lagos State House of Assembly’s standing rules and internal procedures would play a crucial role in determining whether such a process is possible. If the House chooses to reinstate an impeached Speaker, it would likely require a fresh election, following the same democratic process used for the initial selection. This means that Obasa, or any impeached Speaker seeking reinstatement, would have to secure the support of the majority of House members, including those who previously voted for their removal.

The coming weeks will determine whether the Assembly bows to political pressure or upholds its earlier decision. Either way, the battle over Obasa’s fate is shaping up to be a defining moment for Lagos State politics.