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The Court of Appeal, sitting in Abuja today dismissed the application filed by Ondo State House of Assembly to abridge the time for the hearing of its appeal. In a unanimous decision, the Court held that the application lacks merit. This is sequel to the appeal of the Assembly filed on 3rd October 2023 against the orders made by Hon Justice Emeka Nwite of the Abuja Federal High Court on 26th September 2023 against the impeachment of the Deputy Governor of Ondo State, Hon Lucky Aiyedatiwa.
On 20th October 2023, the Assembly filed an application to abridge the time for the respondents to file their briefs. It also filed another application to extend time to compile and transmit the record of appeal.
When the case came up for hearing on 3rd November 2023, the Deputy Governor objected to the application to extend time to compile record on the ground that Rules of the Court do not permit the appellants to extend time on behalf the court registrar but rather to proceed to compile their own record. Consequent upon this objection, the Assembly withdrew the application.
The appellants also on 3rd November 2023 argued their application to abridge time for the respondents to file their briefs of argument. In opposing the said application, the Deputy Governor pointed out the fact the Assembly’s withdrawal of the earlier application to extend time to compile the record of appeal has the consequence of taking the appeal to the normal run of events under the Rules and thus there is no basis for seeking to abridge time.
With today’s ruling by the Court of Appeal the parties will follow the due process of hearing of appeal.
