— Order of Federal high court remained in force- Aiyedatiwas counsel

By Dayo Johnson, Akure

Ondo state deputy governor, Hon Lucky Aiyedatiwa, has filed an appeal against the ruling of the Akure High Court in respect of the case that he filed to challenge his impeachment proceedings by the Ondo State House of Assembly.

This is coming few hours after an Akure High court struck out the suit instituted by him challenging his impeachment by the state House of Assembly

Justice O. Akintan-Osadebay, in his ruling , declined jurisdiction to avoid conflicting verdict between Ondo High Court and Abuja Federal High Court.

Akintan-Osadebay, ruled that it was a gross abuse of court process to engage in “forum shopping, by

But Aiyedatiwa, in a Notice of Appeal filed at the registry of the Akure High Court today October 10, 2023, raised five grounds of appeal against the decision of the judge.

Amongst the grounds of appeal is a complaint that the judge erred in law in combining the hearing of his application for an amendment together with the application of the House of Assembly challenging the jurisdiction of the court, which amounts to a denial of his right to fair hearing.

Also, part of the grounds of appeal complained that 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 appellant therefore requested the Court of Appeal to set aside the ruling of the judge.

Recall that the deputy governor had filed the case against his impeachment on September 25, 2023.

On October 6, 2023, the court took arguments from counsel to the parties and delivered its ruling on October 10, 2023, holding that the case amounts to an abuse of the process of the court.

Meanwhile, Ebun-Olu Adegboruwa, SAN, counsel to Aiyedatiwa in a statement in Akure said that the order of the Federal high court Abuja remained in force.

Ebun – Olu Adegboruwa said that * it has become necessary to emphasize the fact that the ORDERS of the Federal High Court, Abuja made on 26th September 2023 remain 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.

” It is not correct that an order of the federal high court automatically expires after fourteen 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.

He added that ” In any event, the pendency of the suits against the impeachment proceedings effectively tie the hands of the defendants from proceeding with or taking any step that may jeopardize 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.