Fagboyegun: Court Grants Interim Order Restraining Ondo House Of Assembly From Taking Action Against Ondo CJ

The Federal High Court, Abuja, has granted an interim order
restraining the Governor and Attorney General of Ondo State, Ondo
State House of Assembly and others from taking any action against
the Chief Judge of Ondo State, Honourable Justice Olarewaju
Akeredolu.

The order was granted by Hon. Justice I.E. Ekwo, Esq., after
hearing J. S. Okutepa, SAN on behalf of the Chief Judge in the suit
FHC/ABJ/CS/216/2021.

The court gave the order pending the hearing and determination
of the motion on notice which is fixed for hearing on the 5th day
of March 2021. 

In the ruling Justice Ekwo,  made the following
orders. 

AN order of interim injunction restraining the Defendants herein
by themselves, through their officers, privies or any other person
deriving power, command, authority, instruction or directives from
any of the defendants from acting or relying on, or continuing to
rely on, act on, implement, give effect to or do anything to the
prejudice of the plaintiff based on any decisions that would be
made by the 3rd, 4th and 5th Defendants in so far as the decision
is related to the office of the plaintiff as Chief Judge of Ondo
State High Court pending the hearing and determination of the
motion on notice. 

AN order of interim injunction restraining the defendants from
acting on the decision arising from and connected with the
activities, decisions and directives of the 5th Defendant and from
taking any actions, acts, decision, conclusions, directives,
command and such other deeds geared towards the office of the
plaintiff or doing anything which may have the effect of enforcing,
continuing to give effect to the implementation or putting into
effect the conclusions and decision of the Ondo State House of
Assembly in so far as it affects the office of the plaintiff as
Chief Judge of Ondo State or even as a judicial officer in the
Federal Republic of Nigeria pending the hearing and determination
of the motion on notice.

AN Order of Interim Injunction restraining the 1st and 6th
Defendants, their officers and agents from interfering with or
acting on any decision arising from and connected with the
activities and directives related to or connected with the
office of the Plaintiff as the Chief Judge of Ondo State and even
as judicial officer pending the hearing and determination of the
motion on notice. 

AN Order of Interim Injunction restraining the 1st and 2nd
Defendants from acting, using or relying on any decision arising
from or connected with the activities and directives of the 3rd,
4th and 5th Defendants in so far as the decision related to or
connected with the office of the Plaintiff as the Chief Judge of
Ondo State pending the hearing and determination of the motion on
notice. 

TheNigerialawyer recalls that on the 15th of February, 2021, one
Mr Olupelumi Fagboyegun, in a viral video accused the Ondo state
Judiciary and the office of Chief Judge of Ondo State, Honourable
Justice O. O. Akeredolu, of using the Magistrate Court to persecute
him unjustly and keep him on trial for a period of 3 years for an
offence punishable with 1-year imprisonment. In response, the Chief
Judge denied all the allegations adding that Fagboyegun was been
used by some persons.

The Former Attorney General and Commissioner for Justice of Ondo
State, Charles Titiloye stepped in to investigate the matter and
swung into action – investigation. Consequently, he exercised power
of nolle prosequi and discontinued the matter.

The Federal High Court, Abuja, has granted an interim order
restraining the Governor and Attorney General of Ondo State, Ondo
State House of Assembly and others from taking any action against
the Chief Judge of Ondo State, Honourable Justice Olarewaju
Akeredolu.

The order was granted by Hon. Justice I.E. Ekwo, Esq., after
hearing J. S. Okutepa, SAN on behalf of the Chief Judge in the suit
FHC/ABJ/CS/216/2021.

The court gave the order pending the hearing and determination
of the motion on notice which is fixed for hearing on the 5th day
of March 2021. 

In the ruling Justice Ekwo,  made the following
orders. 

AN order of interim injunction restraining the Defendants herein
by themselves, through their officers, privies or any other person
deriving power, command, authority, instruction or directives from
any of the defendants from acting or relying on, or continuing to
rely on, act on, implement, give effect to or do anything to the
prejudice of the plaintiff based on any decisions that would be
made by the 3rd, 4th and 5th Defendants in so far as the decision
is related to the office of the plaintiff as Chief Judge of Ondo
State High Court pending the hearing and determination of the
motion on notice. 

AN order of interim injunction restraining the defendants from
acting on the decision arising from and connected with the
activities, decisions and directives of the 5th Defendant and from
taking any actions, acts, decision, conclusions, directives,
command and such other deeds geared towards the office of the
plaintiff or doing anything which may have the effect of enforcing,
continuing to give effect to the implementation or putting into
effect the conclusions and decision of the Ondo State House of
Assembly in so far as it affects the office of the plaintiff as
Chief Judge of Ondo State or even as a judicial officer in the
Federal Republic of Nigeria pending the hearing and determination
of the motion on notice.

AN Order of Interim Injunction restraining the 1st and 6th
Defendants, their officers and agents from interfering with or
acting on any decision arising from and connected with the
activities and directives related to or connected with the
office of the Plaintiff as the Chief Judge of Ondo State and even
as judicial officer pending the hearing and determination of the
motion on notice. 

AN Order of Interim Injunction restraining the 1st and 2nd
Defendants from acting, using or relying on any decision arising
from or connected with the activities and directives of the 3rd,
4th and 5th Defendants in so far as the decision related to or
connected with the office of the Plaintiff as the Chief Judge of
Ondo State pending the hearing and determination of the motion on
notice. 

TheNigerialawyer recalls that on the 15th of February, 2021, one
Mr Olupelumi Fagboyegun, in a viral video accused the Ondo state
Judiciary and the office of Chief Judge of Ondo State, Honourable
Justice O. O. Akeredolu, of using the Magistrate Court to persecute
him unjustly and keep him on trial for a period of 3 years for an
offence punishable with 1-year imprisonment. In response, the Chief
Judge denied all the allegations adding that Fagboyegun was been
used by some persons.

The Former Attorney General and Commissioner for Justice of Ondo
State, Charles Titiloye stepped in to investigate the matter and
swung into action – investigation. Consequently, he exercised power
of nolle prosequi and discontinued the matter.