By: Ado Oyeyemi, Akure
The Ondo State High Court presided over by Hon. Justice D.I Kolawole today, 22nd November, 2023 agreed with Counsel to the Ondo State House of Assembly, Femi Emmanuel Emodamori, that no Judge of the Ondo State High Court is permitted in law to adjudicate the Counterclaim filed by the State Deputy Governor, Hon. Lucky Aiyedatiwa Orimisan, in Suit AK/362/2023 which he filed against the State House of Assembly and others, in a bid to stop his Impeachment.
The Deputy Governor had, through his Counsel, Ebun-Olu Adegboruwa SAN, sued the Chief Judge of Ondo State as the 5th Defendant in the case “for himself and all the Judges and High Court of Ondo State.”
Consequently, State House of Assembly lawyer filed an application praying for a determination that the Hon. Judge handling the case and all other Judges of the Ondo State High Court are parties to the case, having all been sued in a representative capacity as the 5th Defendant.
He further argued that none of the Judges can sit on the case both as a party and a Judge, based on the legal maxim “Nemo judex in causa sua”, which forbids any one from being a Judge in his own case.
While delivering a ruling on the legal limbo, Justice D. I agreed that as a Judge of the State High Court, he is a party to the case and cannot at the same time sit on it as a Judge.
The Judge then ruled that the case file should return to the court registry untill a decision would be taken on what should be done to the case.
Expressing satisfaction with the ruling of the Court while addressing reporters after the case, Counsel to the State House of Assembly, Femi Emmanuel Emodamori, said “the Deputy Governor did the unthinkable and unprecedented by suing all the Judges of the State House Court, and he has obviously fallen into his own trap because none of the Judges can sit as a Judge in the case in law.
The Lawyer then added sarcastically, that the Deputy Governor would need to import a Judge from Zamfara or Kebbi to come and adjudicate the case.
