Aiyedatiwa to CJ: Ignore Ondo Assembly’s Renewed Call to Constitute Probe Panel
Fidelis David in Akure
The embattled Deputy Governor of Ondo State, Mr Lucky Aiyedatiwa yesterday called on the Chief Judge of the state, Olusegun Odusola, to ignore the fresh directive by the State House of Assembly to constitute a seven-man panel to investigate him over allegations of gross misconduct.
The Assembly had on Monday reactivated the impeachment process of Aiyedatiwa, following the expiration of the interim injunction of the Federal High Court.
However, in a seven-page letter written by the lead counsel for the deputy governor, Ebun-Olu Adegboruwa (SAN), he punctured the position of the Assembly, which he said was based on conjectures, misconceptions, inconsistencies and undue desperation.
He argued that the orders granted by the Federal High Court, Abuja on September 26, 2023, were still in force and remained valid and subsisting, contrary to the conclusion of the Assembly that the said orders had expired by operation of law.
“Dwelling on Order 26 Rule 10 (2) and (3) of the Federal High Court Rules 2019, the court in Abuja has been given wide discretion to determine the nature, status and duration of any order granted and in this case.
“The court directed that the orders granted on 26th September 2023 should last till the hearing and determination of the motion on notice for interlocutory injunction, which is still pending before the court,” he argued.
Aiyedatiwa emphasised that based on the two proceedings of the Federal High Court, Abuja of October 9 and 16, 2023, the court had not set aside the pending orders and the order cannot be extinguished by the application to set it aside since it was combined with the hearing of the substantive suit.
He referred the chief judge to the motion on notice filed by the Assembly at the Court of Appeal, Abuja on October 20, 2023 where it stated that the orders granted by the Federal High Court were still valid and subsisting because they were tied to the hearing and determination of the deputy governor’s motion on notice for interlocutory injunction.
He then queried whether the Assembly can approbate and reprobate at the same time by stating under oath in court that the orders are still valid and pending while at the same time writing a letter to the chief judge claiming that the orders have expired.
“Contrary to this misconception of law and the facts, the same House of Assembly filed a motion on notice dated 20th October 2023, before the Court of Appeal, Abuja in respect of the same orders of the Federal High Court, praying for abridgement of time to hear its appeal against the said orders.
“If it is true that the orders expired by operation of law on 18th October 2023 as being falsely canvassed, why would the same House of Assembly file a fresh application two days later, in pursuit of its desire to set aside the said orders that it claimed have expired?
“While the Assembly is pursuing its appeal to set aside the orders in court, it is deviously asking My Lord to set aside the same orders in chambers, purportedly by operation of law,” he contended.
He reminded the chief judge of his principled position as stated in the letter to the Assembly on October 3, 2023 that all parties should await the hearing of the cases in court, stating that nothing had changed to warrant a departure from the stand of the chief judge.
Aiyedatiwa also referred to other cases pending before the Akure High Court on the same subject matter of impeachment, urging the chief judge as the head of the judiciary not to allow the Assembly to ridicule the courts and their authority.
He also quoted from the Supreme Court decision in the case of the Deputy Governor of Taraba State (Danladi v. Dangari) where in a similar fashion, lawmakers rushed to impeach him while his case was pending in court, whereupon the Supreme Court quashed the impeachment and ordered his reinstatement.
