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The Akure High Court today adjourned to October 10, 2023 to rule on two applications in the suit filed by the Deputy Governor of Ondo State. Hon Justice Akintan-Osadebay took arguments from lawyers to the parties.
In the first application, Mr Lucky Aiyedatiwa is seeking the leave of court to amend the Originating Summons, by striking out the name of the Governor and also amending the reliefs sought in the Originating Summons. In the affidavit in support of the application deposed to on October 3, 2023 by an aide to the Deputy Governor, it was stated that there is need to amend the Originating Summons in order to bring the real issues in controversy between the parties before the Court. Although the Defendants did not file any counter-affidavit to the said application, they however opposed it on points of law. Whilst counsel to the Deputy Governor sought a determination of the application for an amendment one way or the other before proceeding further in the case, the court ruled that it will take the amendment and the applications of the House of Assembly, challenging the jurisdiction of the court.
The House of Assembly through its counsel filed a motion on notice dated 29th September 2023, challenging the competence of the substantive case of the Deputy Governor, relying on section 188(10) of the Constitution which was said to oust the jurisdiction of the court. They contended that the suit was premature since the Assembly is yet to conclude the proceedings of removal especially when there is no request before the Chief Judge to constitute a panel of investigators. The Assembly also contended that the Akure case constitutes an abuse of the process of the court because a similar suit was also filed in Abuja by the Deputy Governor.
In response, counsel to the Deputy Governor urged the court to discountenance the application of the Assembly because it amounted to a demurrer in law as they ought to have filed their defence and then raise all their preliminary points of law in their defence. He stated that the court cannot conveniently take an application for an amendment along with a preliminary objection as the objection can only be based on the substantive suit that is to be amended. The normal procedure would be to take the objection together with the substantive suit.
Opposing the objection of the Assembly, counsel to the Deputy Governor stated that the Assembly has not placed any material before the Court to indicate compliance with the procedure for removal from office, such as evidence of personal service of the Notice on the Deputy Governor and service on all members of the Assembly. He stated that the Notice being circulated by the Assembly is invalid in law and also vitiated by the fact that the Assembly convened a plenary session on 20th September 2023 to discuss the Notice ever before the Deputy Governor was served.
He contended that the case in Abuja is between different parties and for different reliefs and that the Assembly has failed to supply details of the Abuja case to enable the court make a comparison between that case and the Akure case. He urged the court to dismiss the objection as lacking in merit.
After hearing arguments from counsel to all the parties, the Court adjourned further proceedings to October 10, 2023 for ruling.
