Impeachment: Aiyedatiwa cautions Chief Judge against setting up panel.

Impeachment: Aiyedatiwa cautions Chief Judge against setting up panel.

The deputy governor of Ondo state, Lucky Aiyedatiwa, has cautioned Chief Judge of the state, Justice Olusegun Odusola, against honouring another request by the Ondo State House of Assembly to set up a seven-man panel to investigate allegations of gross misconduct levelled against him.

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Aiyedatiwa said the Ondo Assembly lied in its letter to the CJ that the restraining Order of an Abuja High Court has elapsed or became extinguished by the operation of the law, in view of the provisions of Order 26 Rule 10(2) & (3) of the Federal High Court (Civil Procedure) Rules, 2019.

The deputy governor, in a letter to Justice Odusola, through his Counsel, Ebun-Olu Adegboruwa, said the latest Assembly letter was based on conjectures, misconceptions, inconsistencies, undue desperation, and misconstruction of the law.

Aiyedatiwa insisted that the Orders granted by the Federal High Court, Abuja on September 26, 2023, were still in force and remained valid and subsisting, contrary to the conclusion of the Assembly that the said Orders had expired by operation of law.

He said 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.”

Aiyedatiwa told Justice Oldusola that the Court has not set aside the pending orders and the order could not be extinguished by the application to set it aside since it was combined with the hearing of the substantive suit.

He said the Ondo Assembly was inconsistent in its action by claiming that the Orders had expired whilst, pursuing an appeal against the said Orders.

He said: “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.

“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.

The deputy governor reminded the Chief Judge of his principled position as stated in his letter to the Assembly on October 3, 2023, that all parties should await the hearing of the cases in court, stating that nothing has changed to warrant a departure from the stand of the Chief Judge.

He said there were other cases pending before the Akure High Court on the same subject matter of impeachment and urged Justice Odusola not to allow the Assembly to ridicule the Courts and their authority.