Aiyedatiwa Vs Ondo Assembly: Appeal Court To Rule On Applications

The Court of Appeal sitting in Abuja says it will communicate the date to the counsels of Lucky Aiyadatiwa and House of Assembly to rule on the application and submission filed by the both parties.

At the resumed hearing of the appeal filed on October 3, 2023, by counsel representing the 4th and 6th Defendants, Femi Emodamori, before the Court of Appeal panel comprising Honorable Justices H. S. Tsammani, D. Z. Senchi, and Binta F. Zubairu, sitting at the Court of Appeal division in Abuja on November 3, 2023,

the appellant’s counsel, led by Dr. Remi Olatubora, SAN, informed the Court that they had filed two applications.

The first application sought the court’s leave for an extension of time to compile records of appeal, and the second sought an abridgment of time to hear the matter.

The respondent’s counsels, led by Ebun Olu Adegboruwa, opposed the first application on the grounds of a fundamental procedural error, which the court also noted.

The appellant’s counsel, therefore, withdrew the first application and proceeded to move the second application, which was for the abridgment of time to hear the matter.

The respondent’s counsel wasted no time in introducing his counter affidavit in opposition to the appellant’s application for the abridgment of time.

His argument was that the withdrawal of the first application negated the substance of the second application due to indolence.

He further urged the court to dismiss the application for the abridgment of time to allow the respondent to file supplementary records of appeal, thereby granting the respondent the right to a fair hearing.

He posited that the appellant was pursuing the same application he had made before the Federal High Court at the Court of Appeal.

Ruling on the applications and submissions of the counsels has been reserved for a date to be communicated to the parties.

Recall that the Federal High Court sitting in Abuja had issued an interim order on September 26, 2023, stopping the impeachment process of the Ondo State House of Assembly against Deputy Governor Lucky Aiyedatiwa.

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