Hottestgistinnaija
The Court of Appeal, Abuja Division, has adjourned ruling on the application of the House of Assembly of Ondo State to abridge time to hear the appeal against the order of the Federal High Court, Abuja. The date for the ruling will be communicated to the parties by the Court. It will be recalled that the House of Assembly of Ondo State filed an appeal on 3rd October 2023 against the ruling of Hon Justice Emeka Nwite of the Federal High Court, Abuja which on 26thSeptember 2023 made certain orders against the Assembly and the Chief Judge of Ondo State.
At today’s proceedings, counsel to the Assembly being the appellants sought to move their application for extension of time to compile and transmit the record of appeal but counsel to the Deputy Governor of Ondo State, Hon Lucky Aiyedatiwa opposed the application pointing the attention of the Court to the relevant rules of the Court which only permits the appellants to compile the record of appeal by themselves and not to do so on behalf of the registrar of the lower Court. Following this development, counsel to the appellants applied to withdraw the application and it was accordingly struck out.
Counsel to the Assembly then moved another application dated 20th October 2023 seeking to abridge the time for the Respondents to file their brief of argument. Responding, counsel to the Deputy Governor indicated that he had filed a counter affidavit to the said application, stating that the appellants have been indolent by not attending the session for the settlement of record of appeal before the lower Court. He argued further that he intends to supply additional records to show that the appellants had submitted the same issues of the ex-parte order and jurisdiction before the lower Court and they are still pursuing the same issues on appeal, thus abusing the process of the Court.
After taking argument from counsel, the Court adjourned for ruling, on a date to be communicated to the parties through their respective counsel.
