Ondo State Assembly Urges Dismissal Of Deputy Governor's Suit

 

The Ondo State House of Assembly, represented by their counsel Femi Emmanuel Emodamori, has filed a preliminary objection with the Ondo State High Court, seeking the dismissal of a suit brought forth by the State Deputy Governor, Hon. Lucky Aiyedatiwa.

Emodamori argued that the suit filed by the Deputy Governor, through his counsel Ebun-Olu Adegboruwa, lacks competence and falls outside the jurisdiction of the court. 

He asserted that no court should have jurisdiction to halt an impeachment process at the stage where the plaintiff initiated the suit.

Emodamori further emphasized that since Aiyedatiwa hadn't even received notice of allegations of gross misconduct when he took the matter to court, the proceedings are premature.

Drawing on constitutional provisions and previous appellate court decisions, Emodamori contended that the House of Assembly adhered to the impeachment procedure outlined in Section 188 of the 1999 Constitution, effectively refuting any breach.

The Assembly's Counsel additionally pointed out that Aiyedatiwa had previously filed a similar suit at the Federal High Court in Abuja. 

Emodamori argued that pursuing the case simultaneously in both the Ondo State High Court and the Federal High Court amounts to an abuse of judicial process.

The Ondo State High Court had granted leave for the Deputy Governor to serve all processes on the State House of Assembly, Speaker Olamide Oladiji, and the Clerk, Benjamin Jaiyeola. 

The case is scheduled for hearing on October 6th, 2023, before Hon. Justice Akintan Osadebay.

In correspondence to the State Chief Judge, Emodamori emphasized the need to disregard any injunction granted by the Federal High Court Abuja, asserting its illegality in light of previous apex court decisions. 

He emphasized that all relevant authorities must uphold the decisions of the apex courts, as stipulated in Section 287(1) & (2) of the Constitution.