Law News
Court adjourns embattled Ekiti speaker’s suit
Embattled Speaker of the Ekiti State Assembly, Dr. Adewale Omirin,

A Federal High Court in Lagos on Monday adjourned till January 7, 2015 for further hearing in the suit challenging the impeachment of Mr. Adewale Omirin as the Speaker of the Ekiti State House of Assembly.

Justice Saliu Saidu declined to recognise any submission by the defence counsel, Mr. Dele Adesina (SAN), on the grounds that the defence had not filed any processes before the court.

The judge had last week ordered the plaintiffs to serve the originating summons on the defendants through subsisted means.

But at the Monday’s proceeding, the plaintiffs’ counsel, M.J. Onigbanjo, had raised objection to Adesina’s appearance in court on the grounds that the defence had failed to file and serve the required processes.

Besides, Onigbanjo insisted that Adesina could not be heard by the court, especially as regards the ex-parte application seeking to restrain the Ekiti Assembly in the interim.

“The issue of whether parties have a right of audience in an ex-parte application has been settled. The defendants can only be seen and not heard,” Onigbanjo insisted.

Adesina, however, replied that it was within the court’s discretion to hear any defendant who was present in court before making any such restraining order.

He also informed the court that his clients had filed a notice of preliminary objection, challenging the jurisdiction of the court to hear the matter.

But ruling on the counsels’ arguments, Justice Saidu upheld Onigbanjo’s submission that “the defendants’ processes were not served on the court and as such could not be considered for the purpose of proceedings.”

He therefore adjourned till January 7, 2015 with an order that the defendants should be put on notice.

Before the adjournment however, the plaintiffs’ counsel, Onigbanjo moved his ex-parte application.

In the application, Omirin and his impeached Deputy, Adetunji Orisalade, asked the court to restrain the Ekiti legislature from further carrying on with any form of legislative function till the substantive suit was determined.

The two were on November 20, 2014 impeached on the floor of the House by seven Peoples Democratic Party members of the House.

Apart from Omirin and Orisalade, other plaintiffs are the other 17 All Progressives Congress members of the Ekiti House.

The defendants, 14 in number, include the Ekiti State Governor, Ayodele Fayose (8th defendant); the incumbent Speaker of the House, Dele Olugbemi(1st defendant); his Deputy, Olayinka Abeni (7th defendant); the Inspector-General of Police, Suleiman Abba; and the Department of State Services.

The other defendants are the three commissioners nominated by Fayose and cleared by the Ekiti House of Assembly under Olugbemi, viz. Owoseni Ajayi (Attorney-General), Kayode Eso (Commissioner for Works) and Toyin Ojo (Commissioner for Finance).

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