A Federal High Court (FHC), Abuja, on Tuesday, restrained the Ondo State House of Assembly from impeaching the Deputy Governor, Mr Lucky Aiyedatiwa, over alleged gross misconduct.
Justice Emeka Nwite gave the interim order in a ruling shortly after Aiyedatiwa’s counsel, Kayode Adewusi, moved the ex-parte motion to the effect.
The judge also restrained Governor Rotimi Akeredolu from nominating a new deputy governor and forwarding same to the lawmakers for an approval as the state’s deputy governor based on a letter of resignation purportedly authored or signed by Aiyedatiwa, pending the hearing and determination of the interlocutory application.
Justice Nwite held that after listening to Adewusi, he was of the view that the interest of justice would be served by granting the application.
“Therefore, the application of the applicant succeeds,” he said.
The embattled deputy governor had, in the ex-parte motion marked: FHC/ABJ/CS/1294/2023, sued the Inspector-General (I-G) of Police and the the Department of State Services (DSS).
Others are Akeredoku, Speaker of the House of Assembly, Chief Judge of Ondo State and the House of Assembly as 1st to 6th respondents respectively.
In the application dated and filed by Mr Adelanke Akinrata on September 21, Aiyedatiwa sought for four reliefs.
Ruling, the judge made an order of interim injunction restraining Akeredolu, his servants or privies from harassing, intimidating, embarrassing and preventing Aiyedatiwa from carrying out the functions of his office as deputy governor of Ondo State pending the hearing and determination of the interlocutory application.
He further gave an order of interim injunction restraining the state’s chief judge or any other person’s acting for or on his behalf from constituting any seven-man panel at the instance of the assembly’s speaker in respect of the complaint(s) against Aiyedatiwa.
Nwite restrained the chief judge from swearing-in any new deputy governor of Ondo State nominated by Akeredolu and the appointment approved by the speaker and state’s assembly pending the hearing and determination of the Interlocutory application.
The judge, who granted all the reliefs adjourned the matter until Oct. 9 for hearing of the motion on notice.
Earlier, Adewusi said that the application, filed on Sept. 21 was brought pursuant to Order 26, Rule 1, 2, 3 and 6 of the FHC Civil Procedure Rules, 2019 and under the inherent jurisdiction of the court.
The lawyer said the applicant was the incumbent deputy governor, who was elected into office on October 2020, and took oath of office on Feb. 24, 2021 alongside Gov. Akeredoku.
According to him, the plaintiff has been discharging his role as deputy governor of Ondo State as assigned to him by the 3rd defendant/respondent (Akeredolu) towards the development of Ondo state.
He said a 27-paragraph affidavit deposed to by Aiyedatiwa himself was filed with a written address in compliance with the rules of the court on Sept. 21 as their argument in urging the court to grant their prayers.
“This application is that the right of the applicant as deputy governor is being infringed upon by the defendants/respondents.
“The 3rd defendant/respondent is instigating the officer of the 1st and 2nd defendants/respondents, and the 5th and 6th defendants/respondents.
“As we speak, he has been prevented from meeting, accessing the 3rd defendant)respondent on urgent matters that will allow the applicant to discharge his duty as deputy governor for the overall interest of the state,” he alleged.
The lawyer, who told the court that currently, “Ondo State is on a standstill,” alleged that officers of the police and DSS, acting under the instruction of Akeredolu, prevented Aiyedatiwa from seeing him, even to the extent of harassing the deputy governor from meeting the governor on pending urgent matters of the state.
“There has been attempt to remove and replace him and as a law abiding citizen, he comes before your lordship as his last hope.
“We pray your lordship to grant our application in the interest of justice,” he said.
Aiyedatiwa had, also in another suit marked: AK/348/2023 prayed the High Court in Akure to stop the House of Assembly from proceeding with the impeachment proceedings against him, pending the hearing and determination of the suit filed in the court on Monday.
