The Akure High Court has adjourned ruling on two applications in the suit filed by the Deputy Governor of Ondo State, Mr Lucky Aiyedatiwa.
The applications, which are for leave to amend the Originating Summons and to challenge the jurisdiction of the court, were adjourned to October 10, 2023, after taking arguments from lawyers to the parties.
In the first application, Aiyedatiwa seeks to strike out the name of the Governor and amend the reliefs sought in the Originating Summons. He has argued that this is necessary to bring the real issues in controversy between the parties before the court.
The defendants, which include the Governor and the Ondo State House of Assembly, have opposed the application on points of law. They have argued that the application is premature and that the court does not have jurisdiction to entertain the suit.
The House of Assembly has also filed a motion challenging the competence of the substantive case of the Deputy Governor. The Assembly has relied on section 188(10) of the Constitution, which ousts the jurisdiction of the court in matters relating to the removal of a Deputy Governor.
The Assembly has also argued that the suit is an abuse of the process of the court because a similar suit was also filed in Abuja by the Deputy Governor.
Counsel for the Deputy Governor has urged the court to discountenance the application of the Assembly because it amounts to a demurrer in law. He has argued that the court cannot conveniently take an application for an amendment along with a preliminary objection, as the objection can only be based on the substantive suit that is to be amended.
He has also stated that the Assembly has not placed any material before the Court to indicate compliance with the procedure for removal from office, such as evidence of personal service of the Notice on the Deputy Governor and service on all members of the Assembly.
He has also contended that the case in Abuja is between different parties and for different reliefs and that the Assembly has failed to supply details of the Abuja case to enable the court to make a comparison between that case and the Akure case.
