The Court of Appeal sitting in Akure will on September 23, 2015, deliver judgment in an action initiated by impeached former deputy governor of Ondo State, Alhaji Ali Olanusi. He was sacked by the State House of Assembly on April 27, 2015.
Specifically, the former deputy governor is praying the appellate court to throw out the decision of a Federal High Court sitting in Ikoyi, Lagos which had earlier turned down his prayer that he should be reinstated.
In the fundamental rights enforcement case instituted by Olanusi wherein he prayed for his reinstatement, the Federal High Court, presided over by Justice Mohammed Idris had on August 13, 2015 thrown out the action for being an abuse of court process.
The judge argued that the reliefs sought by Olanusi were the same as those in an earlier suit designated Ak/51/2015, then pending before an Ondo State High Court sitting in Akure.
According to Justice Idris, “The issues of the fundamental rights of the applicant were raised in that suit as in this suit. This cannot be allowed. The institution of the first action between the main parties or even similar parties on same subject matter simultaneously when the previous suit has not been disposed of constitutes an abuse of court processes.
“I therefore hold that this suit is filed in abuse of court processes in the light of suit numbered AK/51/2015.”
Justice Idris further declared that he had no jurisdiction over the matter, just as he faulted joing of the Inspector General of Police as a defendant. The court further held that the IGP did not play any role in the deputy governor’s impeachment.