Court of Appeal, Abuja Division, has adjourned the ruling on the application of the Ondo State House of Assembly to abridge time to hear the appeal against the order of the Federal High Court, Abuja.
Gatekeepers News reports that the appeal court said the date for the ruling will be communicated to the parties by the Court.
On October 3, 2023, the Ondo State House of Assembly filed an appeal against the ruling of Justice Emeka Nwite of the Federal High Court, Abuja which made certain orders against the Assembly and the Chief Judge of Ondo State on September 26, 2023.
At today’s proceedings, counsel to the Assembly being the appellants sought to move their application for an extension of time to compile and transmit the record of appeal.
However, counsel to the Deputy Governor of Ondo State, Lucky Aiyedatiwa opposed the application pointing the attention of the Court to the relevant rules of the Court which only permit the appellants to compile the record of appeal by themselves and not to do so on behalf of the registrar of the lower Court.
Following this development, counsel to the appellants applied to withdraw the application and it was accordingly struck out.
Thereafter, counsel to the Assembly moved another application dated October 20, 2023, seeking to abridge the time for the respondents to file their brief of argument.
In response, counsel to the Deputy Governor indicated that he had filed a counter affidavit to the said application, stating that the appellants have been indolent by not attending the session for the settlement of the record of appeal before the lower Court.
He argued further that he intends to supply additional records to show that the appellants had submitted the same issues of the ex-parte order and jurisdiction before the lower Court and they are still pursuing the same issues on appeal, thus abusing the process of the Court.
The court after taking argument from counsel, adjourned for ruling, on a date to be communicated to the parties through their respective counsel.
