Justice D.I. Kolawole of the Ondo State High Court sitting in Akure on Monday struck out the suit filed by the Governor of Ondo State, Rotimi Akeredolu and the State Government against the Deputy Governor, Lucky Aiyedatiwa, on issues bordering on compilation of record of appeal.
The claimants in the case had sued four registrars of the High Court, the Deputy Governor, the House of Assembly, Speaker of the House and the Chief Judge of Ondo State, on the ground that the procedure of settlement and compilation of record of appeal for the hearing of the appeal filed by the Deputy Governor would infringe their rights.
At the resumed hearing of the matter on Monday, the claimants through their counsel applied to withdraw the suit, claiming that events have overtaken the subject matter.
But in his response, counsel to the Deputy Governor opposed the oral application to withdraw the suit, contending that issues have been joined by filing a defence to the suit and also a counter-claim.
In his ruling, the judge held that the rules of the court permit the claimants to withdraw the suit and it was accordingly struck out.
Counsel to the Deputy Governor then urged the court to direct parties to maintain the status quo in order to preserve the subject matter of the suit pending before the court but the application was opposed by counsel representing the house of assembly.
Ruling on the application, the court directed all the parties to continue to maintain the peace and thereafter adjourned the case to November 22, 2023 for hearing of applications.
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