ONDO IMPEACHMENT SAGA: Appeal Court strikes out as House of Assembly withdraws one of her two applications on the ground of a fundamental procedural error

ONDO IMPEACHMENT SAGA: Appeal Court strikes out as House of Assembly withdraws one of her two applications on the ground of a fundamental procedural error

_…Appeal Court reserves ruling on the second application, requesting the Court to shorten time for Aiyedatiwa’s lawyers to file their brief of argument_

An Abuja Federal Court of Appeal has struck out one of the two applications filed by the Ondo State House of Assembly, challenging the order of the court issued by an Abuja Federal High Court.

The application was withdrawn by the House of Assembly lawyer while the Court of Appeal subsequently struck out the application on the ground of a fundamental procedural error.

At the resumed hearing of the appeal filed on October 3, 2023, by counsel representing the 4th and 6th Defendants, Femi Emodamori, before the Court of Appeal panel comprising Honorable Justices H. S. Tsammani, D. Z. Senchi, and Binta F. Zubairu, sitting at the Court of Appeal division in Abuja on November 3, 2023, the appellant’s counsel, led by Dr. Remi Olatubora, SAN, informed the Court that they had filed two applications. The first application sought the court’s leave for an extension of time to compile records of appeal, and the second sought an abridgment of time to hear the matter.

The respondent’s counsels (Aiyedatiwa’s lawyers), led by Ebun Olu Adegboruwa, opposed the first application on the grounds of a fundamental procedural error, which the court also noted. The appellant’s counsel, therefore, withdrew the first application and proceeded to move the second application, which was for the abridgment of time to hear the matter.

The respondent’s counsel wasted no time in introducing his counter affidavit in opposition to the appellant’s application for the abridgment of time. Adegboruwa argument was that the withdrawal of the first application negated the substance of the second application due to indolence.

He further urged the court to dismiss the application for the abridgment of time to allow the respondent to file supplementary records of appeal, thereby granting the respondent the right to a fair hearing. He posited that the appellant was pursuing the same application he had made before the Federal High Court at the Court of Appeal.

Ruling on the applications and submissions of the counsels has been reserved for a date to be communicated to the parties. Recall that the Federal High Court sitting in Abuja had issued an interim order on September 26, 2023, stopping the impeachment process of the Ondo State House of Assembly against Deputy Governor Lucky Aiyedatiwa.

While reacting to some of the fake news circulated on social media, Ebun-Adegboruwa lamented the rate at which some journalists and bloggers published propaganda and fake news.

“I was shocked reading this blatant falsehood as if it is not the same proceedings that I attended.

“For clarity, I did not make any application before the court on Friday, 3rd November, 2023. The two applications were filed by the Ondo State House of Assembly; one was to extend time to compile and transmit the record of appeal, which was withdrawn and struck out. The second application by the Assembly was to abridge time for the respondents to file their briefs of argument, which was argued, opposed and adjourned for ruling.

“How could the court decline or refuse an application that did not exist?

“Journalists and bloggers need to be more professional, objective and more accurate in their report.

“And to think that this was one of the admonitions given by the presiding justice in court.

“God bless Ondo State. Adegboruwa said.”