Ondo state High Court sitting in Akure has set aside its ex-parte orders barring the Governor of Ondo state, Arakunrin Oluwarotimi Akeredolu SAN from swearing-in Mr Olayato Aribo as a state Commissioner.
This is sequel to the oral application by the Hon. Attorney General and Commissioner for Justice, Ondo State, Sir Charles Titiloye seeking to set aside the order which barred the Ondo state House of Assembly from screening and the Governor from swearing in the said Commissioner nominee.
Sir Titiloye noted that the matter before the Court is not a perishable matter in which an Ex-parte order ought to have been granted and that the Supreme Court has directed lower Courts not to grant injunction aimed at stopping the legislative arm of government from performing its constitutional duties.
He said that anybody can be removed by Court from office at anytime if found not to have met the constitutional requirements
The High Court had last week issued the interim order after hearing an Ex-parte application from Mr. Adetunji Oso Counsel representing the Claimant, Prince Ade Okiki complaining that Mr. Olayato Aribo is not qualified to be appointed as a Commissioner in Ondo state.
The trial Judge, Hon. Justice Odusola upon hearing all counsels in the matter, Sir Charles Titiloye appearing for the of Governor of Ondo state and Ondo State House of Assembly, Chief Olusola Alexander Oke SAN appearing for 1st Defendant/Respondent, Mr. Olayato Aribo praying the Court to discharge the order of interim injunction if the Claimants/Applicant is not ready to proceed with the matter and Mr Oso Adetunji praying for an adjournment to 13th December, 2021.
The trial Court held that since the Claimant/Applicant Counsel is not ready for accelerated hearing of the suit, the Court will discharged and set aside its earlier order stopping the screening and swearing-in of the Commissioner nominee. The order was accordingly set aside.
The case was thereafter adjourned to 24th January, 2022.