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The Akure High Court of Ondo State on Thursday September 28, 2023 granted leave to the Deputy Governor of Ondo State, Mr. Lucky Aiyedatiwa, to serve all processes filed in the suit upon the House of Assembly of Ondo State, the Speaker of the House of Assembly and the Clerk. This directive is contained in the order of Hon Justice O. Akintan-Osadebay which directed that all processes filed in the suit be served on the House of Assembly by posting on the front side wall/fence or entrance gate or any conspicuous area of the Ondo State House of Assembly Complex, Alagbaka, Akure and also on the notice board of the High Court of Justice, Akure, Ondo State
On September 19, 2023, the House of Assembly of Ondo State claimed to have commenced impeachment proceedings against the Deputy Governor but instead of serving the Deputy Governor with the purported notice of acts of gross misconduct, the House of Assembly illegally convened a plenary session on September 20, 2023 to deliberate on the notice which had not been served, thus violating the process of removal as outlined in section 188 of the Constitution and also infringing upon the constitutional and fundamental rights of the Deputy Governor. The House of Assembly and its officers subsequently embarked upon a mindless media campaign and persecution of the Deputy Governor for several days without actually serving him the notice of acts of gross misconduct. Aggrieved with the antics of the House of Assembly, the Deputy Governor approached the Akure High Court in Suit No. AK/348/2023 filed on September 25, 2023, to stop the House of Assembly in their illegal actions. The House of Assembly prevented the bailiff of the Akure High Court from gaining entrance into the premises of the Assembly to serve the court processes at about 10:30am on September 25, 2023, but would later in the evening of the same day claimed to have served the notice of acts of gross misconduct, after the suit had been filed in court
Sensing that the House of Assembly was working to frustrate the suit filed in court, lawyers to the Deputy Governor filed an application before the Court seeking an order for leave of the Court to serve the Assembly by substituted means by posting the court processes on the wall/fence of the Assembly Complex. Arguing the said application in Akure on September 28, 2023, lead counsel to the Deputy Governor, Ebun-Olu Adegboruwa, SAN, brought the contents of the affidavit in support of the application to the attention of the presiding judge, narrating how the Assembly had conducted its affairs illegally and displaying unacceptable acts of legislative rascality by locking the entrance gate of the Assembly in order to evade service of court processes. The judge thereafter granted the application upon the terms of the reliefs contained therein. The case has been adjourned to October 6, 2023. The bailiff of the Akure High Court has since complied with the order of the Court by posting the court processes as directed by the Court.
