The High Court sitting in Akure, Ondo State, on Tuesday struck out a suit instituted by the embattled deputy governor of the state, Hon Lucky Aiyedatiwa, challenging his impeachment by the state House of Assembly.
Striking out the suit, Justice O. Akintan-Osadebay, in his ruling, declined jurisdiction to avoid conflicting verdicts between the Ondo High Court and Abuja Federal High Court.
According to him, it would amount to gross abuse of the court process to engage in “forum shopping, by instituting the same case in Akure and Abuja High Court.”
It will be recalled that Aiyedatiwa approached the court in a suit delineated AK/348/2023 filed on September 25, 2023, to halt the House of Assembly from impeaching him.
The deputy governor sought a declaration that “the House of Assembly is not competent to proceed on his impeachment in breach of his constitutional and fundamental rights to fair hearing and that the sacking of his media aides and subjecting him to the Ministry of Information headed by a Commissioner amounts to a breach of his rights and privileges as a deputy governor.
Aiyedatiwa “is also seeking a declaration that his office, tenure, status, rights and privileges are protected, guaranteed and secured by the Constitution, and the declaration that in the determination of his civil rights and obligations as a Deputy Governor of Ondo State by the House of Assembly, he is entitled to a fair hearing and that given the utterances and conduct of the House of Assembly so far, there is likelihood of bias against him in the impeachment process.
According to him, in conducting media trials against him without serving him with any notice of gross misconduct, the House Assembly has constituted itself into accuser, investigator, prosecutor and judge.
Aiyedatiwa then sought orders of injunction to stop the House of Assembly from initiating, continuing or proceeding with the process of his removal from office as the Deputy Governor of Ondo State.
The embattled deputy governor also sought from the court an order to stop the Chief Judge of Ondo State from accepting or acting upon any request from the House of Assembly of Ondo State to set up any panel to investigate any acts of gross misconduct against the Deputy Governor.
Those named as defendants in the suit filed by the deputy governor’s lawyer, Ebun-Olu Adegboruwa, include the Ondo State Government, the Governor of Ondo State, the Ondo State House of Assembly, the Speaker of Ondo State House of Assembly, the Clerk of Ondo State House of Assembly and Chief Judge of Ondo State.
Meanwhile, a group, Ondo Masses Solidarity Movement (MSM) said the deputy governor of the state has no intention to withdraw the case instituted against the state House of Assembly, and others over his impeachment, saying the deputy governor is not ready for reconciliation.
The group who stated this in a statement signed by its coordinator, Chief Ogunyemi Jeremiah, said the story Ayedatiwa plans to withdraw the suit was planted in the newspaper to delay the court case and mislead the public about a reconciliation effort.
The group recalled that Aiyedatiwa’s lawyer, Mr. Ebun-olu Adegboruwa had informed the court that the deputy governor wished to withdraw the suit following the intervention of the All Progressives Congress (APC) leadership in the matter.
The group said “In light of the ongoing developments in the impeachment process of Deputy Governor Lucky Aiyedatiwa, we find it necessary to address the spread of fake news as published in today’s newspaper.
“We urge the public to disregard the false news claiming that Aiyedatiwa has withdrawn his lawsuit against his impeachment. This story, as published, was the work of individuals attempting to delay the case and extend the impeachment process.
“In fact, if anything, the deputy governor has shown that he is not ready for reconciliation. His consistent reference to the reconciliation committee appears to be an act of deception and pretense. It is disappointing that the deputy governor professes reconciliation while actively pursuing legal actions.
“Just moments ago, the deputy governor appealed the ruling of the Akure High Court that declined jurisdiction on the suit challenging his impeachment.
“This contradicts Aiyedatiwa’s reconciliation stance. One cannot advocate for reconciliation while simultaneously initiating court proceedings.
“As stakeholders in Ondo State, we have lost confidence in the deputy governor’s ability to continue holding public office.
“Resorting to legal measures to halt impeachment proceedings, especially when facing serious allegations related to taxpayers’ money without providing any response, is a disservice to the people of the state”
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