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Impeachment: You Are Abusing Court Processes, Ondo Court Tells Aiyedatiwa, Strike Out Case

Impeachment: You Are Abusing Court Processes, Ondo Court Tells Aiyedatiwa, Strike Out Case
  • PublishedOctober 10, 2023

A suit instituted by the embattled deputy governor of Ondo state, Lucky Aiyedatiwa, against the state House of Assembly, has been struck out by an Ondo State High Court, sitting in Akure, for lack of jurisdiction and abuse of court processes.

Osun Defender reports that Aiyedatiwa had approached the court to stop the State House of Assembly from impeaching him for alleged gross misconduct.

But the Assembly at the last court sitting, filed a motion, challenging the competence of the substantive suit by relying on section 188(10) of the Nigeria Constitution.

According to the Assembly, section 188 (10) ousted the jurisdiction of the court adding that the suit was premature since the Assembly had yet to conclude the impeachment proceedings especially when there was no request before the Chief Judge to constitute a panel of investigators.

The Assembly also contended that the suit constituted an abuse of court processes saying a similar suit was also filed in Abuja by the Deputy Governor.

Justice O. Akintan-Osadebay, while delivering judgment, declined jurisdiction to avoid conflicting verdicts between Ondo High Court and Abuja Federal High Court.

Justice Osadebay held that it was a gross abuse of the court process to engage in “forum shopping, by instituting the same case in Akure and Abuja High Court.

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