Impeachment: Ondo court strikes out Aiyedatiwa’s suit after withdrawal

• The deputy governor, had brought the application dated 13th October, 2023, asking the high court to interprete section 188 of the 1999 constitution as amended
• Directed all the parties to maintain peace

Justice O  O. Akintan- Osadebay, of the Ondo state High Court, has struck out an application by the Ondo state deputy governor, Hon Lucky Aiyedatiwa, asking the court to restrain the State Chief Judge, to set up an investigative panel ordered by the state House of Assembly.

Recall that the deputy governor, had brought the application dated 13th October, 2023, asking the high court to interprete section 188 of the 1999 constitution as amended, if the State Chief Judge has power to extend 7days granted by the law to set up an investigative panel to probe the Assembly’s allegations against the Deputy Governor.

However, at the resumed hearing of the case, in Akure, the state capital, the Counsel to the Deputy Governor, Barr. Ebun-Olu Adegboruwa, SAN, moved to withdraw the application, but the Counsel to the State House of Assembly, Barr. Femi Emodamori, did not oppose the withdrawal.

The presiding judge, Justice Osadebay subsequently struck out the application.

Also, recall that the same state High Court had last week fined Aiyedatiwa a sum of N200,000 to be paid to the respondents which include the State House of Assembly, Governor Rotimi Akeredolu and others, for the absence of the deputy governor’s legal team in the court.

Another Ondo State High Court 4 presided over by Justice D.I. Kolawole, on Monday, didn’t rule on a similar application brought by the lawyer to the Deputy Governor, Ebun-Olu Adegboruwa, praying the court to interprete section 188 of the 1999 constitution as amended, if the State Chief Judge has power to extend 7days granted by the law to set up an investigative panel to probe the Assembly’s allegations against the Deputy Governor.

The Judge did not rule on the application after the Counsel to the State House of Assembly, Barr. Femi Emodamori, opposed it, arguing that since Aiyedatiwa had sued the State Chief Judge “for himself and all the Judges of Ondo State High Court” as the 5th Defendant in his Counterclaim, all the High Court Judges are parties to the Counter-Claim and none of them, including Justice D.I Kolawole, can adjudicate the case, because it is a cardinal rule of justice that no one can be a Judge in his own case.

Justice Kolawole, while ruling on the application, directed all the parties to maintain the peace and thereafter adjourned the case till November 22, 2023 to enable parties filed relevant processes and documents.