A Federal High Court in Abuja, on Monday, fixed October 30 to hear a preliminary objection filed by Governor Rotimi Akeredolu of Ondo State against a suit filed by his deputy, Lucky Aiyedatiwa, to stop his impeachment by the state’s house of assembly.
Justice Emeka Nwite, who adjourned the matter after Aiyedatiwa’s counsel, Ebun-Olu Adegboruwa, SAN, opposed the submission of Kassim Gbadamosi, SAN, lawyer to Akeredolu, on his insistence to have his application heard, also fixed same date for hearing the deputy governor’s counter affidavit.
Justice Nwite equally fixed the hearing of an application filed by the Ondo State House of Assembly and its Speaker challenging the jurisdiction of the court and a motion for stay of execution of the interim order of the court filed by the lawmakers for same date.
The judge, who directed Adegboruwa to ensure that the Inspector-General (I-G) of Police and the Department of State Service (DSS), the 1st and 2nd defendants in the suit, were served with all their processes, including the notice of hearing, asked all parties to put their house in order ahead of the next adjourned date.
Justice Nwite had, on September 26, restrained the Ondo State House of Assembly from impeaching Aiyedatiwa over alleged gross misconduct.
Mr Nwite gave the interim order in a ruling shortly after Aiyedatiwa’s counsel, Kayode Adewusi, moved the ex-parte motion to the effect.
He also restrained Akeredolu from nominating a new deputy governor and forwarding same to the lawmakers for an approval as the new state’s deputy governor based on a letter of resignation purportedly authored or signed by Aiyedatiwa, pending the hearing and determination of the interlocutory application.
The embattled deputy governor had, in an ex-parte motion marked: FHC/ABJ/CS/1294/2023, sued the I-G and DSS as 1st and 2nd defendants.
Others joined in the suit include Akeredolu, Speaker of the House of Assembly, Chief Judge of Ondo State and the House of Assembly as 1st to 6th respondents respectively.
In the application dated and filed by Mr Adelanke Akinrata on Sept. 21, Aiyedatiwa sought for four reliefs.
Upon resumed hearing on Monday, Adegboruwa informed the court that based on Akeredolu’s preliminary objection served on them on Oct. 9, he had responded with a counter affidavit.
He also notified the court about an application dated Oct. 3 and filed by the speaker and the assembly, seeking a stay of execution of the interim order stopping the lawmakers from continued with the impeachment process.
He argued that going by the application and recent events, the speaker and the assembly had insisted on non-compliance with the court order, despite their application challenging the jurisdiction of the court to entertain the suit.
The senior lawyer said that despite the order, the 4th and 6th defendants (speaker and House of assembly) had continued to act in contempt of the court order.
“Pursuant to this development, the plaintiff has filed an affidavit of facts dated 16 October, 2023, exhibiting the decision of the 4th and 6th respondents in respect of the order of your lordship,” he said.
NAN
