There was a mild drama at Federal High Court, Abuja on Monday as counsel to the Ondo State House of Assembly, F. E. Emodamori, denied being the author of a petition written against Justice Emeka Nwite at the National Judicial Council.
The senior lawyer is appearing for the Ondo State House of Assembly and its Speaker, Olamide Oladiji, in the case.
Emodamori refuted the allegation levelled against him by Ebun-Olu Adegboruwa (SAN), lawyer to the embattled Deputy Governor of Ondo State, Lucky Aiyedatiwa.
Justice Nwite had on September 26, 2023 restrained the Ondo State House of Assembly and its Speaker from impeaching Aiyedatiwa over alleged gross misconduct, pending the hearing and determination of the interlocutory application.
The Judge gave the interim order in a ruling shortly after Kayode Adewusi, counsel who appeared for Aiyedatiwa, moved the ex-parte motion to the effect.
The Judge also restrained Governor Rotimi Akeredolu from nominating a new Deputy Governor and forwarding the name of the same to the lawmakers for an approval based on a letter of resignation purportedly authored or signed by Aiyedatiwa.
The Deputy Governor had in an ex-parte motion marked: FHC/ABJ/CS/1294/2023, sued the Inspector-General of Police and the Department of State Services.
Others joined in the suit are: Governor Akeredoku, Speaker of the House of Assembly, Chief Judge of Ondo State and the House of Assembly as 1st to 6th respondents respectively.
In the application dated and filed by Adelanke Akinrata on September 21, Aiyedatiwa sought for four reliefs.
The judge, after granting the reliefs, fixed October 9 for hearing of the motion on notice.
Upon resumed hearing, Adegboruwa informed the court about the matter.
He said on October 6, the All Progressives Congress set up a reconciliation committee headed by former Katsina State Governor, Aminu Masari, to settle the issues.
He said: “In line with extant practice and procedure of this honourable court to encourage parties to promote settlement, it is our humble view that the court allows and encourages the reconciliation effort as the continued prosecution of this suit may be hostile to those efforts.”
Besides, Adegboruwa said on October 3, the Speaker and the assembly (4th and 6th defendants) submitted a petition to NJC “accusing this very court of compromise and deploying all manners of unprintable epithets against the court”.
He said the petition is still pending before the NJC.
According to him: “The consequence of that petition is to express lack of confidence in this honourable court.
“And if the allegations are investigated and found to be correct, God forbid, the consequence will be that this court may not be in the position to proceed on the determination of this suit.”
The senior lawyer, therefore, prayed the court to direct the Speaker and the Assembly, through their counsel, Emodamori, to serve all parties in the suit with the said petition in order for them to respond too.
He also prayed the court to direct them to stop further attack on the Judge
“I watched on television news where they described my lord as: ‘A certain judge,’” he said.
Adegboruwa said the derogatory comment was also confirmed in a letter dated September 29 and authored by Emodamori to the Ondo State Chief Judge.
He, therefore, urged the Court to adjourn the suit sine die (indefinitely) to await the outcomes of the APC reconciliatory effort and the petition to the NJC.
But Kassim Gbadamosi (SAN), counsel to Akeredolu, who objected to an indefinite adjournment, said Ondo was not a one-party State.
He argued that the APC’s move was only to reconcile Akeredolu and Aiyedatiwa, which did not affect other political parties that make up the assembly.
Gbadamosi said: “They cannot impose their whims on the house which has APC, PDP, Labour Party and APGA.”
He also said whatever allegations Adegboruwa raised about media engagement were mere documentary hearsay.
“Your lordship should take it with a pinch of salt,” he said.
He equally said he had not seen the petition against the Judge, describing it as hearsay.
“My learned friend did not even bring a copy of the petition, so it should be regarded as hearsay my lord,” he said.
He said giving an indefinite adjournment in a matter of this nature is like giving judgement on the matter which had not been heard, going by the earlier interim order.
Gbadamosi prayed the court to refuse the application.
He said instead, the Court should order parties to address it on whether it has jurisdiction to hear the matter.
Making his submission, Emodamori denied calling Nwite “a certain judge”.
He said: “Speaking from the utmost duty of a counsel to speak the truth from the bar, I want to say with all categorical assertion that I never used and will never use or encourage anyone to use such derogatory language or gutter language against your lordship either in the letter the learned silk referred to or in any media interaction on the subject matter.”
Emodamori admitted that the Speaker and the Assembly indeed wrote a petition against the Judge, but denied being the author.
He said: “It was authored by the 6th defendant (House of Assembly) and signed by the 4th defendant (Speaker) and not counsel.
“Regrettably my lord, it was in that petition that the unacceptable language ‘certain judge’ was used.
“It was used regrettably by the parties who authored the petition.
“So I will never use that language.
“My learned silk knows that I also have respect for him.
“He is one of my own role models.
“I am shocked that the same person alleged this against me.”
Justice Nwite, who condemned the act, said it was unfortunate that lawyers would allow themselves to be used by politicians to denigrate the court.
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He said: “I know how I have managed my career, to build my career as a judge.
“Why should somebody in his own opinion decide to dent my image, which I have built for long?
“If you know that you are not comfortable with that interim order, you approach the court and apply that it should be varied.
“The Nigerian Bar Association too is not helping matters.
“When you see this kind of thing, you ask what is the need?
“Anybody who has been following my adjudication will know that I am not the kind of judge who can compromise.
“It is quite regrettable.”
The Judge adjourned the matter until October 16 to rule on whether it should be adjourned indefinitely or not.
He also ordered that hearing notices be served on the I-G and the DSS, who were not represented in court.
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