Justice O. Akintan-Osadebay of the Ondo State High Court sitting in Akure has granted leave to the Deputy Governor of Ondo State, Mr. Lucky Aiyedatiwa, to serve all processes filed in his suit upon the House of Assembly of Ondo State, the Speaker of the House of Assembly and the Clerk.
Justice Akintan-Osadebay gave this directive on Thursday, September 28, 2023 while giving an order directing that all processes filed in the suit be served on the House of Assembly by posting on the front side wall/fence or entrance gate or any conspicuous area of the Ondo State House of Assembly Complex, Alagbaka, Akure and also on the notice board of the High Court of Justice, Akure, Ondo State.
On September 19, the state House of Assembly had announced that it had commenced impeachment proceedings against the Deputy Governor but Aiyedatiwa alleged that instead of serving him with the purported notice of acts of gross misconduct, the House of Assembly allegedly illegally convened a plenary session on September 20 to deliberate on the notice which had not been served, thus violating the process of removal as outlined in section 188 of the Constitution and also infringing upon his constitutional and fundamental rights as the Deputy Governor.
He further alleged that the House of Assembly and its officers subsequently embarked on what he termed as a mindless media campaign and persecution for several days without actually serving him the notice of acts of gross misconduct.
Aggrieved with the antics of the House of Assembly, the Deputy Governor approached the court in a suit delineated AK/348/2023 filed on September 25, 2023, to stop the House of Assembly in their illegal actions but it was alleged that the House of Assembly prevented the bailiff of the Akure High Court from gaining entrance into the premises of the Assembly to serve the court processes at about 10:30am on September 25, 2023, but would later in the evening of the same day claim to have served the notice of acts of gross misconduct, after the suit had been filed in court.
Aiyedatiwa’s legal representative consequently filed an application before the court seeking an order for leave of the court to serve the Assembly by substituted means by posting the court processes on the wall/fence of the Assembly Complex.
They team led by Ebun-Olu Adegboruwa, SAN in its arguments, brought the contents of the affidavit in support of the application to the attention of the presiding judge, narrating how the Assembly had conducted its affairs illegally and displaying unacceptable acts of legislative rascality by locking the entrance gate of the Assembly in order to evade service of court processes.
The judge thereafter granted the application upon the terms of the reliefs contained therein. The case has been adjourned to October 6, 2023. The bailiff of the Akure High Court has since complied with the order of the Court by posting the court processes as directed by the Court.
In the substantive Originating Summons, the Deputy Governor asking for some reliefs and orders from the court including a declaration that his office, tenure and status as the Deputy Governor of Ondo State are creations and establishments of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and by virtue of Sections 186 and 187 of the said Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and the same cannot be withdrawn, tampered with, altered, shortened or jeopardized by the Defendants except and in a manner permitted by law.
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