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Court adjourns Ondo CJ’s suit against Gov. Akeredolu

The second to sixth defendants who were served with hearing notice were neither in court nor filed any process.

• March 22, 2021
Rotimi Akeredolu
Governor Rotimi Akeredolu [Photo credit: The Guardian Nigeria]

The Federal High Court, Abuja, on Monday, adjourned a suit filed by the Ondo State Chief Judge, Justice Oluwatoyin Akeredolu, against the state governor and five others over a viral video made by a citizen of the state, Olupelumi Fagboyegun, until March 26.

Justice Inyang Ekwo again adjourned the matter for hearing after counsel to the first and second defendants told the court that they were yet to file any application in response to the plaintiff’s suit.

While the chief judge is the plaintiff, the Attorney General of the Federation (AGF), the National Judicial Council (NJC), Governor Akeredolu, the Ondo State Attorney General (AG), the state’s House of Assembly and the Inspector General of Police are first to sixth defendants respectively in the suit marked: FHC/ABJ/CS/2016/2021.

Justice Ekwo had, on March 5, fixed March 22 (today) for the hearing of the suit after counsel to the AGF (first defendant), T. A. Uchegbu, prayed the court for an adjournment to enable her to respond to the processes served on her by counsel to the judge, Jibrin Okutepa, SAN.

At the last adjourned date, the second to sixth defendants were neither represented in court nor filed any application in response to the processes served on them by the plaintiff.

At the resumed hearing, Mr Okutepa reminded that the matter was adjourned for hearing of the main matter.

He said despite the court directive, the second to sixth defendants who were served with the hearing notice were neither in court nor filed any process.

“On our part, we are ready to take the matter, my lord,” he said.

Ms Uchegbu, who represented the AGF, again told the court that she was not ready to proceed in the matter. 

She explained that her office was yet to file an application since it was still within the 30-day stipulated time to do so.

Chukwu Anthony, who represented the National Judicial Council (second defendant), also told the court that he was yet to file any application in respect of the matter.

Mr Okutepa, therefore, urged the court to make an order for the plaintiff to paste the next hearing notice at the Ondo State Liaison Office in Abuja for the third to sixth defendants, having consistently served them with previous court processes in the state and had refused to respond.

The judge noted that in the last adjourned date, he directed the defendants who were not represented in court to be served with hearing notice.

Justice Ekwo, therefore, granted Mr Okutepa’s request to paste the hearing notice at the Abuja liaison office and adjourned the matter until March 26 at the instance of the first to sixth defendants.

Justice Ekwo had, on February 25, restrained the governor and all the defendants from taking any further steps in relation to the alleged probe of the state’s Chief Judge, Justice Akeredolu, over the viral video alleged to have been made by Mr Fagboyegun.

Chief Judge of Ondo state, Olarenwaju Akeredolu
Chief Judge of Ondo state, Olarenwaju Akeredolu [Photo credit: THISDAYLIVE]

The judge gave the order in a ruling on an ex-parte application filed by Justice Akeredolu.

Justice Ekwo particularly restrained the Governor, the AG and the House of Assembly from proceeding with the planned probe, and equally barred the AGF, NJC and the IGP from acting on any report submitted to them by the Ondo State Government pending the determination of the main suit.

In the video, Mr Fagboyegun, who claimed to be a stepbrother to the state’s chief judge, had alleged that Madam Akeredolu instigated his detention for three years for going to their father’s house.

(NAN)

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