The embattled Deputy Governor of Ondo State, Mr Lucky Aiyedatiwa, on Monday, asked Justice Emeka Nwite to hands off the suit he filed to stop the plan by the State House of Assembly to impeach him from office over alleged acts of gross misconduct.
“Since the matter is already before the Court of Appeal, going ahead with this proceedings will put this court on a collusion cause with a superior authority. “It will be neater and better to hands off and allow the appellate court to determine the matter,” Aiyedatiwa’s lawyer pleaded.However, all the defendants, through their respective lawyers, urged Justice Nwite to refuse Aiyedatiwa’s request and proceed with ruling on applications they filed to vacate the ex-parte order the court made on September 26, which halted the impeachment process.
“The application by the plaintiff is akin to arresting your lordship’s ruling, which is unknown to the law. We urge your lordship not to succumb to the request but to go ahead and deliver the ruling. “Assuming that the record has been entered, which we are not conceding, position of the law is that entering of an appeal does not operate as a stay of proceeding or stay of execution of an order of court.
Aside from praying the court to vacate the ex-parte order which they insisted had since elapsed, the defendants, urged the court to strike out Aiyedatiwa’s suit.It will be recalled that the court had ordered the Ondo State House of Assembly to suspend the impeachment process, pending the hearing and determination of the suit that was brought before it by the deputy governor.