An Ondo State High Court based in Akure has set aside October 10 for the delivery of a ruling regarding two applications in the lawsuit initiated by the deputy governor of the state, Lucky Aiyedatiwa.
Both applications were filed by Aiyedatiwa and the Ondo state House of Assembly.
Aiyedatiwa, in his application, sought leave of the court to amend the Originating Summons, by striking out the name of Governor Oluwarotimi Akeredolu as well as amend the reliefs sought in the Originating Summons.
In an affidavit to support the application, Aiyedatiwa said there was a need to amend the Originating Summons in order to bring the real issues in controversy between parties before the court.
It said section 188 (10) ousted the jurisdiction of the court adding that the suit was premature since the Assembly was yet to conclude the impeachment proceedings especially when there was no request before the Chief Judge to constitute a panel of investigators.
The Assembly also contended that the suit constituted an abuse of court processes saying a similar suit was also filed in Abuja by the deputy governor.
In his reply on points of law, counsel to the Deputy Governor, Ebun-Olu Adegboruwa, said the application of the Ondo Assembly amounted to a demurrer in law as they ought to have filed their defence and then raised all their preliminary points of law in their defence.
He stated that the court could not make an application for an amendment along with a preliminary objection as the objection could only be based on the substantive suit that was yet to be amended.
Adegboruwa said the Assembly did not place any material before the Court to indicate compliance with the procedure for removal from office.
Adegboruwa argued that the case instituted in Abuja concerned different parties and for different reliefs.
After hearing arguments from counsel to all the parties, the presiding Judge, Justice Akintan-Osadebay, adjourned further proceedings to October 10, 2023, for ruling.
[The Nation]
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