After the expiration of the interim injunction of the Federal High Court, Ondo State House of Assembly has called on the state chief judge to immediately constitute the panel to investigate the allegations of gross misconduct levelled by the House against the deputy governor, Lucky Aiyedatiwa, without any further delay.
The House in a letter sent to the CJ which was signed by the Speaker, Hon. Oladiji Olamide Adesanmi, informed the CJ that the said order had elapsed by the operation of the law and no longer constituted an encumbrance for the CJ to discharge the “sacred constitutional obligation placed on your office by Section 188 (5) of the Constitution to set up the seven-man panel.
In the letter, the House said, “We had on 3rd October, 2023, requested your lordship to constitute a Seven-man Panel to investigate the allegations of gross misconduct levelled by the House against the deputy governor of Ondo State, His Excellency, Hon. Lucky Orimisan Ayedatiwa, in line with Section 188 (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“In a reply letter dated October 6, 2023, your lordship acknowledged and quoted Section 188 (10) of the Constitution which states that “No proceedings or determination of the House of Assembly or the Panel or any matter relating to such proceedings or determination shall be entertained or questioned in any court.
“Your lordship however opined that until the ex parte Order made on September 26, 2023, by the Abuja Judicial Division of the Federal High Court restraining you from setting up the Panel was either vacated or set aside, your hands would continue to be tied.
“However, from the facts and legal advice at the disposal of the House, the said order has now elapsed and/or become extinguished by the operation of the law, given the clear provisions of Order 26 Rule 10 (2) & (3) of the Federal High Court (Civil Procedure) Rules, 2019, which states as follows:
“(2) An application to vary or discharge an order ex parte may be made by the party or any person affected within 14 days after service and shall not last more than fourteen days after the application has been argued unless the Court otherwise directs.
“(3) Where a motion to vary or discharge an ex parte order is not taken within 14 days of its being filed, the ex parte order shall lapse unless the court otherwise directs in the interest of justice.”
