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Ladoja: Court defers ruling on stay of proceedings

Posted by By Gbenga Abegunrin, Ibadan. on 2006/03/13 | Views: 644 |

Ladoja: Court defers ruling on stay of proceedings


An Oyo state High Court sitting in Ibadan, Friday, postponed its ruling on an application for stay of proceedings being sought by three members of the state House of Assembly loyal to impeached Governor Rashidi Ladoja of the state.

An Oyo state High Court sitting in Ibadan, Friday, postponed its ruling on an application for stay of proceedings being sought by three members of the state House of Assembly loyal to impeached Governor Rashidi Ladoja of the state. The three pro-Ladoja lawmakers, through their counsel, Rotimi Akeredolu (SAN) had during the last sitting of the court applied for stay of proceedings pending the hearing and determination of their case at the Appeal Court.

And the court adjourned the application till yesterday for ruling. But at the resumed sitting of the High Court on yesterday, Justice Moshood Abass stated that in preparing the ruling, it got to a stage he found himself at crossroads, and therefore, has to get some issues clarified.

According to him "in the event of this court making a ruling for or against the stay of proceedings sought by the plaintiffs, to what extent can this court make consequential order or orders, having regard to the facts and circumstances of this case and the law." Justice Abass, thereafter, urged the counsel to address the court on the effects of making consequential order based on their submissions.

However, Lateef Fagbemi (SAN), who appeared for the 18 members of the House of Assembly, who spearheaded Ladoja's impeachment said that it would not be convenient for the counsel to address the court on what they did not properly understand, adding that they would need more time to prepare for the address.

"We need to be cleared, we need to be guarded about the consequential order before we can answer any question on it or address the court on it. I am not speaking only my own mind, but also minds of my colleagues." Akeredolu and Tunde Olupona, counsel to other two parties involved in the case, however, concurred with the request of Fagbemi that another date should be fixed for the address on the effects of consequential order.

Consequently, Justice Abass adjourned the case till Monday March 20, for the address. He, however, instructed the counsel to study the case of Aliu vs. Ibrahim-1992, 7NWLR, part 253, page 361 for better understanding of the consequential order.

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