The Ondo State House of Assembly, Olamide Oladiji, on Thursday told the Abuja division of the Court of Appeal, that parties had reached a “political solution” to the crisis of leadership rocking the state, hence his withdrawal of the appeal against the Deputy Governor, Lucky Aiyedatiwa.
The deputy governor had dragged the house, Governor Rotimi Akeredolu and others to court over moves to remove him from office over alleged acts of gross misconduct.
He had secured an interim order from the Abuja division of the Federal High Court restraining the Ondo State House of Assembly from initiating impeachment proceedings against him.
But, the assembly, citing lack of jurisdiction had appealed against the order of the court and is praying the appellate court to set aside the order of the Federal High Court.
However, at the resumed hearing on Monday, the speaker represented by Dr Remi Olatubora, SAN, informed the court that he had the authority of his client to withdraw the appeal.
“Parties to this dispute have found political solution to the problem. They have signed an Armistice”, he said, “On behalf of my client, we are here to enforce our own part of the armistice to withdraw the appeal “.
The senior lawyer informed the three-member panel led by Justice Haruna Tsammani that the motion was “in the interest of peace and in furtherance of the agreement to withdraw the appeal”.
According to Olatubora, the instruction to withdraw the appeal was given to him on November 29, while the Notice of Withdrawal was filed November 30.
In their separate responses, lawyers to the respondents who confirmed receipts of the motion for withdrawal, however told the appellate court that they are not opposed to the withdrawal.
In a short ruling, Justice Tsammani held that “the appeal haven been withdrawn, is hereby dismissed.
At the last proceedings, the appellate court had refused to grant the speaker’s request for an expedited hearing of his appeal against the judgment of the Federal High Court which had temporary stopped the house from going ahead with their impeachment proceedings against Aiyedatiwa.
The appellants argued that the Federal High Court’s decision created a constitutional crisis regarding its jurisdiction over time-sensitive legislative processes.
“Ever since the interim injunction was granted, there has been series of protests in Ondo state and there are palpable fears that the security situation in the state will further deteriorate in view of the interim injunction,” the appellants argued.
They submitted that the grant of their application as well as the expeditious hearing of the appeal is in the interest of justice for all the parties.
But the appellate court had declined stating that there the appellants / applicants had not adduced any exceptional reason to warrant the grant of the application.
“This application is therefore refused”, the appellate court had held.
Respondents in the appeal include the Inspector General of Police, State Security Services, Governor Rotimi Akeredolu, and the Chief Judge of Ondo State.
