Deputy governor urges chief judge to turn down fresh request by lawmakers for constitution of a panel to probe him
The deputy governor of Ondo State, Lucky Aiyedatiwa, has urged the chief judge of the state, Olusegun Odusola, to ignore a letter from the state House of Assembly renewing its request for a panel to investigate allegations of gross misconduct against Mr Aiyedatiwa.
In what appeared to be a resumption of hostilities, the House in the letter on Monday urged the chief judge to constitute the seven-person panel. It said an order of the Federal High Court, which the chief judge cited for declining to constitute the panel, had expired.
But in a seven-page letter on Tuesday, the deputy governor urged Mr Odusola not to heed the counsel of the House of Assembly on the matter.
In the letter by his lawyer, Ebun-Olu Adegboruwa, Mr Aiyedatiwa said the Assembly's counsel was based on "conjectures, misconceptions, inconsistencies, undue desperation and misconstruction of the law."
He said the orders of the Federal High Court, made in Abuja on 26 September remain in force, contrary to the assertion of the state lawmakers.
Relying on Order 26 Rule 10 (2) and (3) of the Federal High Court Rules 2019, the deputy governor argued that the court in Abuja had been given wide discretion to determine the nature, status and duration of any order granted.
"In this case, the court directed that the orders granted on 26th September 2023 should last till the hearing and determination of the Motion on Notice for interlocutory injunction, which is still pending before the court," he said.
The deputy governor said that based on the two proceedings of the court of 9 and 16 October, the order has not been set aside and cannot be extinguished since it was combined with the hearing of the substantive suit.
Mr Aiyedatiwa said the Assembly was being inconsistent by claiming that the orders had expired while at the same time pursuing an appeal against the said orders.
"Contrary to this misconception of law and the facts, the same House of Assembly filed a Motion on Notice dated 20th October 2023, before the Court of Appeal, Abuja in respect of the same orders of the Federal High Court, praying for abridgement of time to hear its appeal against the said orders," the deputy governor argued.
"If it is true that the orders expired by operation of law on 18th October 2023 as being falsely canvassed, why would the same House of Assembly file a fresh application two days later, in pursuit of its desire to set aside the said orders that it claimed have expired? While the Assembly is pursuing its appeal to set aside the orders in Court, it is deviously asking My Lord to set aside the same orders in Chambers, purportedly by operation of law.
"In Ground 4 of the said Motion on Notice dated 20th October 2023 filed the House of Assembly and pending before the Court of Appeal in Abuja and paragraph 9 of the affidavit of Elizabeth Omiwole in support thereof, it is stated on oath as follows:
"Ground 4: The lower Court has not heard the Originating Summons to date and has in fact adjourned the case till 30th October 2023 whilst the interim injunctions are tied to hearing and determination of the first respondent's interlocutory application which has also not been taken or argued till date."
The deputy governor also referred to another case pending before the State High Court in Akure on the same subject matter, urging the chief judge as the head of the judiciary not to allow the Assembly to ridicule the courts and their authority.
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The renewed legal battle is despite efforts by the APC leadership in Abuja to broker a political resolution of the crisis.
A condition demanded by the house for a possible political solution was for the deputy governor to withdraw all litigations against the house on the issue.
Mr Aiyedatiwa has rejected that condition, perhaps out of fear that it may clear the way for the lawmakers to quickly throw him out of office.
Although the lawmakers accused Mr Aiyedatiwa of gross misconduct, the plot to sack him was ignited by differences between him and associates of Governor Rotimi Akeredolu over next year's governorship election in the state.
