Impeachment: Court Orders Parties To File Pending Processes
An Ekiti State High Court sitting in Ado-Ekiti has ordered parties in a suit filed by the former Speaker, Gboyega Aribisogan, challenging his impeachment, to file their pending processes ahead of definite hearing of the matter.
Justice Adekunle Adeleye, who gave the order at the court’s sitting yesterday, expressed readiness to hear the defendants’ preliminary objection and counter-affidavit, along with the motion of the claimants in the suit.
The defendants are the Ekiti State House of Assembly (1st), Clerk of the House of Assembly (2nd) and Olubunmi Adelugba, the new Speaker of the Assembly (3rd).
Counsel for the claimant, Mr. Sunday Olowolafe, had brought a motion for a prayer to set down the case for hearing and a prayer for an order of the court to enter judgment for his client in default of pleadings.
But counsel for the defendants, Chief Rafiu Balogun, who insisted to be on the record of the court, countered that the claimant’s motion was not ripe for hearing in view of a notice of preliminary objection he filed on behalf of his clients.
Justice Adeleye, who expressed desire for the suit to be heard in good time, urged counsel for the defendants to file counter-affidavit, which he said would be heard with the preliminary objection.
But Balogun said his position was supported by Order 5 Rule 2 of the Ekiti State High Court Rules, adding that filing counter-affidavit would amount to waiver and non-compliance with the rules, which provided that issues of irregularities must be raised before taking any further step.
The court adjourned the suit till February 8 for definite hearing.
