The Court of Appeal, sitting in Abuja on Monday, dismissed the application filed by the Ondo State House of Assembly to abridge the time for the hearing of its appeal.
The court in a unanimous decision, held that the application lacked merit and dismissed the application.
With this ruling of the Court of Appeal, the parties will follow the due process laid down in the hearing of appeals
The ruling is the sequel to the appeal of the Assembly filed on October 3, 2023, against the orders made by Hon Justice Emeka Nwite of the Abuja Federal High Court on September 26, 2023, against the impeachment of the Deputy Governor of Ondo State, Lucky Aiyedatiwa.
On October 20, 2023, the Assembly filed an application to abridge the time for the respondents to file their briefs. It also filed another application to extend the time to compile and transmit the record of appeal.
When the case came up for hearing on November 3, 2023, the Deputy Governor objected to the application to extend time to compile records on the ground that Rules of the Court do not permit the appellants to extend time on behalf of the court registrar but rather to proceed to compile their own record.
Consequent to this objection, the Assembly withdrew the application.
The appellants also on November 3, 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 the 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.
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