An OndoState High Court, sitting in Akure, has struck out the suit instituted by the Deputy Governor of the state, Lucky Aiyedatiwa, for lack of jurisdiction and abuse of court processes.
Aiyedatiwa had approached the court to stop the Ondo State House of Assembly from impeaching him for alleged gross misconduct.
At the last court sitting, the Ondo Assembly filed a motion, challenging the competence of the substantive suit by relying on section 188(10) of the Nigeria Constitution.
It said section 188 (10) ousted the jurisdiction of the court, adding that the suit was premature since the Assembly was yet to conclude the impeachment proceedings, especially when there was no request before the Chief Judge to constitute a panel of investigators.
The Assembly also contended that the suit constituted an abuse of court processes saying a similar suit was also filed in Abuja by the deputy governor.
Delivering judgment, Justice O. Akintan-Osadebay, declined jurisdiction to avoid conflicting verdicts between Ondo High Court and Abuja Federal High Court.
Justice Osadebay held that it was a gross abuse of the court process to engage in “forum shopping, by instituting the same case in Akure and Abuja High Court.
