In a recent legal development in Ondo State, the Deputy Governor, Lucky Aiyedatiwa, has obtained permission from the Akure High Court to serve the state House of Assembly with legal processes in a suit against the Speaker of the House of Assembly and the Clerk. This move comes after the Ondo Assembly had previously prevented a court bailiff from serving court processes on its premises.
Justice O. Akintan-Osadebay of the Akure High Court ordered that all processes filed in the suit should be served on the House of Assembly by posting them on the front side wall, entrance gate, or any conspicuous area of the Ondo State House of Assembly Complex, as well as on the notice board of the High Court of Justice in Akure, Ondo State. This directive was issued due to the alleged rejection of the court’s processes by the Ondo Assembly.
The Deputy Governor, Aiyedatiwa, sought the court’s intervention to halt his impending impeachment by the Assembly. His legal team had filed an application requesting an order for substituted means of service to ensure that the Assembly receives the court processes despite their previous obstruction.
Lead counsel to the Deputy Governor, Ebun-Olu Adegboruwa, SAN, argued that the Assembly had conducted its affairs illegally and displayed unacceptable legislative misconduct by blocking the entrance gate to avoid being served court processes.
The judge granted the application, adjourning the case to October 6, 2023. The court bailiff subsequently complied with the court’s order by posting the court processes as directed.
Implications of the Court’s Decision
From a legal perspective, this development underscores the importance of upholding the rule of law and ensuring that all parties involved in legal proceedings have access to justice. It also highlights the significance of proper legal service and the courts’ authority in following due process.
“Official Courtesy Visit to Mr. Yakubu Chonoko Maikyau, OON, SAN, President of the Nigerian Bar Association, by Mrs. Hairat Aderinsola Balogun, OON”
In the substantive Originating Summons, the Deputy Governor seeks several declarations, including protecting his constitutional rights as the Deputy Governor of Ondo State and a halt to his alleged impeachment plans by the House of Assembly. This legal action seeks to address fundamental constitutional and legal issues surrounding the Deputy Governor’s tenure and rights, and the court will play a pivotal role in determining the outcome of this case.
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