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Court Grants Aiyedatiwa Permission To Paste Processes On Ondo Assembly Wall, Gates
The Deputy Governor of Ondo State, Lucky Aiyedatiwa, has been granted permission to serve the state House of the Assembly processes filed in a suit against the Speaker of the House of Assembly and the Clerk.
The Publisher Nigeria understands that the Akure High Court of Ondo State gave this directive on Thursday, September 28.
Justice O. Akintan-Osadebay gave the order 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, as well as on the notice board of the High Court of Justice, Akure, Ondo State.
The directive was a sequel to the alleged rejection of the Court’s processes.
The Ondo Assembly on September 25, 2023, prevented the court bailiff of the Akure High Court from gaining entrance into the premises of the Assembly to serve the court processes.
Meanwhile, in the evening of the same day, it was learned that the Assembly had also claimed to have served the Deputy Governor a notice of acts of gross misconduct that was the basis of the impeachment plan by the House.
Aiyedatiwa sought an order from the Court to stop his planned impeachment by the Assembly.
Suspecting that the House of Assembly was working to frustrate the suit filed in Court, lawyers to the deputy governor 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.
Arguing the said application in Akure on September 28, 2023, lead counsel to the Deputy Governor, Ebun-Olu Adegboruwa, SAN, 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 notice of court processes.
The judge thereafter granted the application upon the terms of the reliefs. 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 is seeking the following reliefs:
“A DECLARATION that the office, tenure and status of the Claimant 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) the same cannot be withdrawn, tampered with, altered, shortened or jeopardized by the Defendants except and in a manner permitted by law.
“A DECLARATION that as the Deputy Governor of Ondo State, the office, tenure, status, rights and privileges of the Claimant are protected, secured, guaranteed, governed and regulated under and by as sections 186, 188, 189, 190 and 191 of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and other enabling legislations in that behalf and they are to be enjoyed as such by the Claimant without let or hindrance from the Defendants except and in a manner permitted by law.
“A DECLARATION that in the determination of his civil rights and obligations as the Deputy Governor of Ondo State, the Claimant is entitled to fair hearing from the Defendants, and the Defendants are not entitled to take any step or decision affecting the Claimant as such in violation of his right to fair hearing.
“A DECLARATION that the Defendants are not entitled to arbitrarily, forcefully, illegally, unduly or in any other manner howsoever interfere with, encroach upon and/or infringe on the constitutional rights and functions of the of the Claimant as the Deputy Governor of Ondo State without due process of law as contained in the relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
“A DECLARATION that the dismissal of all the media aides and press crew attached to the office of the Claimant as the Deputy Governor of Ondo State by the 1st and 2nd Defendants without prior notice to the Claimant is unreasonable, vindictive, malicious, unconstitutional, illegal and null and void.
“A DECLARATION that as the Deputy Governor of Ondo State, the Claimant is entitled to the rights and privileges attached to his office, including but not limited to his media details and other aides without let or hindrance from the 1st-5th Defendants.
“A DECLARATION that as a democratically elected Deputy Governor of Ondo State in a joint ticket with the 2nd Defendant, the Claimant is entitled to remain in office as such, freely exercise his rights, and discharge his constitutional duties as Deputy Governor of Ondo State within the full time allocated to the office by the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
“A DECLARATION that the Defendants are not entitled to take any steps in pursuit of the removal of the Claimant from his office as the Deputy Governor of Ondo State in flagrant violation of his constitutional and fundamental rights.
“A DECLARATION that the 6th Defendant, the Chief Judge of Ondo State, is not entitled to receive, act upon, and/or consider any request from the 3rd – 5th Defendants for the purpose of constituting a panel to investigate any purported allegation and/or for the removal of the Claimant from office as Deputy Governor of Ondo State in violation of the constitutional and fundamental rights of the Claimant.
“AN INJUNCTION restraining the Defendants and their agents, privies, and representatives from interfering with the office, status, tenure of the Claimant as the Deputy Governor of Ondo State, or in any other manner restricting, disempowering and/or preventing the Claimant from discharging his constitutional duties and functions as the duly elected Deputy Governor of Ondo State in a joint and equal ticket with the Governor of the Ondo State.
“AN ORDER forthwith reinstating/restoring the full and total rights and privileges attached or accruing to the office of the Claimant as the duly elected Deputy Governor of Ondo State, which include but are not limited to the restoration of all media aides and press crew attached to the office of the Claimant as the Deputy Governor of Ondo State.
“AN ORDER setting aside any purported process or notice of any allegation of Gross Misconduct issued by the 3rd-5th Defendants against the Claimant which constitutes a violation of the constitutional and fundamental rights of the Claimant. SUCH FURTHER OR OTHER ORDER (S) as this Honourable Court may deem fit to make in the circumstances.”