AIYEDATIWA: Abuja Court to Rule on Effect of Assembly’s Appeal on November 17
The Federal High Court sitting in Abuja today adjourned further proceedings in the case filed by the Deputy Governor of Ondo State, Hon Lucky Aiyedatiwa to November 17, 2023. This was after the court, presided over by Hon Justice Emeka Nwite, took extensive arguments from counsel to the parties on the consequences of the appeal filed by the Ondo State House of Assembly against the pending orders of the court before the Court of Appeal, Abuja.
At today’s proceedings, the court was informed by the plaintiff of a new development that took place after the last court proceedings of 16th October 2023, which has an effect on the jurisdiction of the court.
It was stated that precisely on 20th October, 2023, the Ondo State House of Assembly invoked the jurisdiction of the Court of Appeal, Abuja Division when it caused the record of appeal meant for the hearing of its appeal to be entered at the Registry of the Court of Appeal, with Appeal No. CA/ABJ/CV/1073/2023. The Assembly was also reported to have filed an application before the the Court of Appeal as well as filed its Appellants Brief of Argument.
It was further argued on behalf of the plaintiff that since the reliefs being sought by the House of Assembly in its appeal involves the issue of the jurisdiction of the Federal High Court and the status of the orders granted by the court on 25th September 2023, it would be better for the court to respect the authority of the Court of Appeal, since the principles of law forbids that the High Court should struggle jurisdiction with the Court of Appeal.
In response, all the defendants opposed the arguments canvassed by the plaintiff, stating that the record of appeal of the House of Assembly was filed out of time and the appeal has not been formally entered by the Court of Appeal.
After taking arguments from all counsel to the parties, the court adjourned the case to November 17, 2023, for ruling.
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