Deputy Governor Lucky Aiyedatiwa has filed an appeal against the ruling of the Ondo State High Court declining jurisdiction on his suit
The Ondo State House of Assembly will hold a “crucial meeting” on Wednesday to decide its next move in its process for the impeachment of Deputy Governor Lucky Aiyedatiwa.
This is coming after the state high court on Tuesday in Akure struck out a suit instituted by Mr Aiyedatiwa challenging the process.
In his ruling, Justice O. Akintan-Osadebay declined jurisdiction on Mr Aiyedatiwa’s suit.
The judge said the decision is because the Federal High Court in Abuja is hearing a similar suit filed earlier by Mr Aiyedatiwa.
The judge berated Mr Aiyedatiwa for “forum shopping,” by instituting the same case in the state and federal high courts.
The embattled deputy governor had filed suit number AK/348/2023 at the state high court on 25 September to stop the impeachment proceedings at the House of Assembly.
He filed the suit a day after he secured an injunction from the federal high court in Abuja suspending the impeachment process.
Nine lawmakers had asked for the removal of Mr Aiyedatiwa from office for “gross misconduct”, a development generally seen as an escalation of a rift between the deputy governor and Governor Rotimi Akeredolu.
Following the ruling by the Akure court on Tuesday, counsel to the assembly, Femi Emodamori, said it means the lawmakers can now proceed with the impeachment proceedings, noting too that an interim injunction issued by the federal court expired on Tuesday, having exceeded 14 days.
He said the court at the hearing on Monday did not renew the injunction.
Mr Emodamori noted that the Chief Judge of Ondo State, Olusegun Odusola, can now go ahead to set up the seven-member panel to hear the allegations against the deputy governor, as directed by the House of Assembly.
However, counsel to the deputy governor, Ebun-Olu Adegboruwa, disagreed. He said the injunction by the Abuja court “remains in force, valid and subsisting.
“The various orders of injunction were made pending the hearing and determination of the motion on notice. The motion on notice is still pending,” he said.
“It is not correct that an order of the federal high court automatically expires after 14 days. This may be the case if the judge that granted the order did not direct otherwise. In this case, the judge directed otherwise by stating that the orders will be in force until the hearing and determination of the motion on notice.
“Furthermore, there are two applications filed by the defendants in the suit against the orders of the court, one by the Governor of Ondo State to set aside the orders and the other by the Ondo House of Assembly to stay execution of the orders.
“In law, an ex-parte order made pending the hearing and determination of the motion on notice remains in force, valid, binding and subsisting until the said motion on notice is heard and determined.
“In any event, the pendency of the suits against the impeachment proceedings effectively ties the hands of the defendants from proceeding with or taking any step that may jeopardise the hearing of the cases on the merits. We must learn to respect the rule of law, the authority of the court and due process.”
Meanwhile, the deputy governor has filed an appeal against the ruling of the Akure court.
In a Notice of Appeal filed on Tuesday, October 10, 2023, he raised five grounds of appeal against the decision of the judge.
Amongst these is that the judge erred in law in combining the hearing of his application for an amendment, with the application of the House of Assembly challenging the jurisdiction of the court.
He said that amounts to a denial of his right to a fair hearing.
Also, he said the judge was wrong in holding that the case constitutes an abuse of the process of the court as the parties and the subject matter of the case in Akure are different from those of the case in Abuja.
The spokesperson of the Assembly, Olatunji Oshati, said in a telephone interview with PREMIUM TIMES, that the house may decide on the issue at its sitting on Wednesday.
He said the assembly will be guided by its counsel on its next step of action.
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