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The Federal High Court sitting in Abuja today adjourned further proceedings in the case filed by the Deputy Governor of Ondo State, Hon. Lucky Orimisan Aiyedatiwa on Thursday September 28, 2023 granted leave to the Deputy Governor of Ondo State, Mr. Lucky Aiyedatiwa, in order to decide on whether to continue to sit on the case or not. This followed the application of counsel to the Plaintiff which was predicated on two grounds, first in order to encourage the Reconcilliation Committee set up by the National Chairman of the All Progressives Congress and also to allow the Ondo State House of Assembly enough time to pursue its petition to the National Judicial Council, against the Judge.
At today’s proceedings, counsel to the Plaintiff informed the Court that the National Chairman of the APC set up a Reconciliation Committee on 6th October 2023, to mediate on the dispute between some of the parties to the suit. It was reasoned that the continuation of the court proceedings will antagonize the settlement efforts as the parties will not be willing to let go of their rigid positions. Counsel to the Plaintiff further informed the Court that the House of Assembly wrote a petition to the National Judicial Council on 3rd October 2023, where it made very disparaging and uncomplimentary comments against the presiding judge. He said the effect of the petition to the NJC is that the House of Assembly has no confidence in the presiding judge and the same Assembly cannot at the same time seek to argue any application before the same judge and thus, it will be good to await the action of the NJC on the said petition. He applied that the petition should be served on all parties so that they can respond to it, while deprecating the unguarded utterances and actions of the Assembly.
Responding, counsel to the Ondo State Governor and the Chief judge of Ondo State informed the Court that they were not parties to the settlement moves and that they would thus prefer that the Court should go ahead with the case and first determine the issue of its jurisdiction. On its part, Counsel to the House of Assembly confirmed that a petition was written to the NJC but that he did not agree with the contents of the said petition as it seeks to undermine the integrity of the Court. He said he had advised the Assembly to withdraw the petition and a letter of withdrawal accompanied with a sworn affidavit was submitted to the NJC on 6th October 2023. Counsel profusely apologized to the Court for the misconduct of his clients and gave an undertaking that his clients will forthwith show utmost respect to the authority of the Court.
In response, counsel to the Plaintiff informed the Court that since there is an admission of the petition to the NJC, the Court should direct that the petition and the letter of withdrawal should be sent to the Court and all the parties. He emphasized that it is a misconception to state that the Court has no jurisdiction over the case as under the Constitution, only the Federal High Court can exercise jurisdiction in respect of declarations against agencies of the federal government, in this case the Inspector-General of Police and the Department of State Security. He stated that parties who seek to challenge the jurisdiction of the Court should follow the due process by filing necessary application and when the Plaintiff is served with such application, he will respond to it appropriately.
The Presiding judge, the Honourable Justice Emeka Nwite, after listening to the submissions of counsel, advised the lawyers and the Nigerian Bar Association to do their best to protect the sanctity of the legal profession and to avoid temptations from politicians to disparage the judiciary and that if any party is dissatisfied with any decision of the Court, they should follow the appropriate channels laid down for remedy. The judge then adjourned the case to 16th October for ruling on the submissions made and to hear pending applications, if necessary.
Recall that on September 26, 2023, the Court made orders of injunction restraining the House of Assembly of Ondo State, the Chief Judge of Ondo State and the Governor of Ondo and indeed other defendants in the case from taking steps that will lead to the impeachment of the Deputy Governor. The Court made the order to last till the hearing of the Motion on Notice for interlocutory injunction, which is still pending before the Court. In consequence, parties would have to await the determination of the Court as the orders made remain in force.
