Impeachment: Court to rule on Ondo Deputy Governor’s Suit Oct. 16

A Federal High Court in Abuja has adjourned till October 16 to rule on whether to proceed with its hearing of the suit by the Ondo State Deputy Governor, Lucky Aiyedatiwa seeking to stop his planned impeachment by the House of Assembly.

Justice Emeka Nwite fixed the date yesterday after listening to lawyers to the parties, who disagreed on whether the court should grant indefinite adjournment or proceed to hear the case.

Justice Nwite had, on September 26, in a ruling on an ex-parte motion by Aiyedatiwa, granted interim injunctions restraining defendants in the suit from taken any further steps in relation to the alleged move to impeach the plaintiff

Listed as defendants in the suit are: Inspector-General of Police (IGP), the State Security Services (SSS), Governor Rotimi Akeredoku, the Speaker of the House of Assembly, the Chief Judge of Ondo State and the House of Assembly.

At the mention of the case, lawyer to Aiyedatiwa, Ebun-Olu Adegboruwa, (SAN), told the court that there have been new developments in relation to the case.

Adegboruwa recalled that the All Progressives Congress (APC), on October 6 constituted a reconciliation committee headed by former Katsina State Governor to settle the issues.

“In line with extant practice and procedure of this honourable court to encourage parties to promote settlement, it is our humble view that the court allows and encourage the reconciliation effort as the continued prosecution of this suit may be hostile to those efforts,” Adegboruwa said.

The senior advocate added that on October 3, the Speaker and the House of Assembly submitted a petition to the National Judicial Council (NJC) “accusing this very court of compromise and deploying all manners of unprintable epithets against the court.”

Claiming that the petition was still pending before the NJC, Adegboruwa said the implication of the action of the petitioners was to express their lack of confidence in the court.

“And if the allegations are investigated and found to be correct God forbid, the consequence will be that this court may not be in the position to proceed on the determination of this suit,” he added:

Adegboruwa urged the court to direct the petitioners to serve all parties in the suit with copies of the petition to enable them to respond.

“I watched on television news where they described my lord as ‘a certain judge,’ he said, adding that the court should directed them to stop further attack on the judge”, he said.

Lawyer to Akeredolu, Kassim Gbadamosi (SAN) kicked against Adegboruwa’s request for indefinite adjournment, arguing that Ondo State was not a one-party state.

Gbadamosi noted that the APC’s effort was only to reconcile Akeredolu and Aiyedatiwa which did not affect other political parties which made up the assembly.

He said: “They cannot impose their whims on the house which has APC, PDP, Labour Party and APGA,” adding that whatever allegations Adegboruwa raised about media engagement were mere documentary hearsay.

He urged the court to take such allegations with a pinch of the salt and denied seeing any petition against the judge.

Gbadamosi argued that granting an indefinite adjournment in a matter of this nature was akin to giving judgment on the matter which had not been heard, going by the earlier interim order.

He prayed the court to, instead, order parties to address it on whether it has jurisdiction to hear the case.

Lawyer to the Speaker and the House of Assembly, F. E. Emodamori, confirmed that his clients actually wrote a petition to the NJC.

Emodamori denied authoring the petition and also denied describing the judge as “a certain judge”

“Speaking from the utmost duty of a counsel to speak the truth from the bar, I want to say with all categorical assertion that I never used and will never use or encourage anyone to use such derogatory language or gutter language against your lordship either in the letter the learner silk referred to or in any media interaction on the subject matter.

“It was authored by the 6th defendant (House of Assembly) and signed by the 4th defendant (Speaker) and not counsel.

“Regrettably my lord, it was in that petition that that unacceptable language ‘certain judge’ was used. It was used regrettably by the parties who authored the petition.

“So, I will never use that language. My learner silk (Adegboruwa) knows that I also have respect for him.

“He is one of my own role models. I am shocked that the same person alleged this against me.” Emodamori said.

He told the court that his clients have since written the NJC, which letter was accompanied by an affidavit , submitted on October 6 to have the petition withdrawn following his advice.

After hearing from the lawyers, Justice Nwite frowned at the development, noting that it was unfortunate that lawyers would allow themselves to be used by politicians to denigrate the court.

The judge who said he has been meticulous in his conduct, said: “Why should somebody in his own opinion decide to dent my image which I have built for long.

“If you know that you are not comfortable with that interim order, you approach the court and apply that it should be varied.

“The Nigerian Bar Association too is not helping matters. When you see this kind of things, you asked what is the need?

“Anybody who has been following my adjudication will know that I am not the kind of judge who can compromise. It is quite regrettable.”

He then adjourned till October 16 to rule on whether or not to grant an indefinite adjournment as sought by Adegboruwa.