Justice Emeka Nwite of the Federal High Court sitting in Abuja, on Monday, adjourned further proceedings in the case filed by the Deputy Governor of Ondo, Hon Lucky Aiyedatiwa to November 17, 2023, after taking 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 the resumed hearing of the matter, the court was informed of a new development that took place after the last court proceedings of October 16, 2023, which has an effect on the jurisdiction of the court.
It was stated that on October 20, 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 Court of Appeal in addition to 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 involve 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 had 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.
. TheWitness
