The Court of Appeal in Abuja has dismissed the application by Ondo State House of Assembly and its Speaker for an order hastening the hearing of its appeal, seeking to upturn the order by a Federal High Court in Abuja halting the planned impeachment of the Deputy Governor, Lucky Aiyedatiwa.
In a ruling, a three-member panel of the appellate court held that the House of Assembly’s application for an order to hasten the time for the hearing of its appeal was without merit.
The court held that the Assembly failed to show exception circumstances to warrant the grant of such an application.
The assembly had on October 20 filed the application to abridge the time for the respondents to file their briefs.
It equally filed another application to extend the time to compile and transmit the record of appeal.
During a hearing in the case on November 3, counsel to Aiyedatiwa, Ebun-Olu Adegboruwa, faulted the application to extend the time to compel the record.
Adegboruwa argued that the court’s rules do not permit the appellants to seek an extension of time on behalf of the court’s registrar, whose duty is originally to compile the record.
He added that the option for the appellants was to, on their own, proceed to compile the record.
Also on November 3, the appellants proceeded to argue their application to abridge the time for the respondents to file their briefs of argument, an application Aiyedatiwa’s lawyer equally objected to.
Adegboruwa contended that the appellants’ decision to withdraw the earlier application to extend time to compile the record of appeal has the consequence of taking the appeal to the normal run of events under the rules of the court.
He added that based on the development, there was no basis for seeking to abridge time, a position the appellate court upheld in its ruling yesterday.
The appeal filed on October 3 by the Ondo Assembly and its Speaker is against the orders made ex-parte by Justice Emeka Nwite of the Federal High Court, Abuja on September 26 restraining the Ondo State Governor, its Chief Judge, the House of Assembly, its Speaker and others from proceeding with their planned impeachment of Aiyedatiwa pending the determination of a pending motion on notice for interlocutory injunctions.