Chief Adebayo Adefarati V. Governor of Ondo State & Ors (2005)

LawGlobal-Hub Lead Judgment Report

AMAIZU, J.C.A.

This is a motion on notice praying the court for the following reliefs –

“i) An order of injunction restraining the 3rd-9th defendants/respondents either by themselves, agents, privies, servants, or through any person or persons howsoever from sitting or further sitting, preparing a report or further preparing a report, making recommendation or further making recommendation, submitting a report or recommendation in respect of its sitting or investigation or enquiry to the 1st and 2nd respondents until the final determination of:

(a) The appeal filed by the plaintiff/applicant against the ruling of the lower court dated 11th November, 2004 refusing the appellant’s prayer for injunction.

(b) The final determination of the weighty constitutional questions referred to the Court of Appeal.

(ii) An order of injunction restraining the 1st and 2nd defendants/respondents either by themselves, agents, privies, servants or through any persons however from considering or acting upon or executing or causing to be executed, implementing or causing (particularly against the appellant/applicant herein the report or recommendation of the 3rd-9th defendants/respondents (whether already submitted or not) pending the final determination of:

(a) The appeal filed by the plaintiff/appellant/applicant against the ruling of the lower court dated 11th November, 2004.

(b) The final determination of the constitutional question referred to the Court of Appeal by the lower court, on 11th November, 2004.

(iii) An order accelerating the hearing of the substantive case as referred to the Court of Appeal by the lower court, as well as the substantive appeal on injunctive reliefs.

(iv) And for such further order(s) as this Honourable court may deem fit to make in the circumstances.”

The motion is brought pursuant to order 3 rule 3 (1) of the Court of Appeal rules. And it is supported by an affidavit of twenty-nine paragraphs. The relevant paragraphs of the affidavit are:

“5. I know as a fact that an originating summons with a supporting affidavit and exhibits as well as a motion on notice with affidavit in support and exhibits were filed contemporaneously on 13/08/04 by the applicant before the lower court.

6. I know as fact that all processes filed in this case before the lower court were served on the respondents herein on 20th August, 2004. Now shown to me, attached herewith and marked as exhibits 1,2,3 and 4 are copies of the affidavit of service respectively.
7. I know as a fact that the appellant/applicant herein was the Governor of Ondo State between May, 1999 and May, 2003 having been elected into the office under the platform of the Alliance for Democracy (AD).
8. The appellant/applicant and the 1st defendant/respondent contested the Governorship election in Ondo State in 1999 and he defeated him.
9. 15t defendant/respondent contested the same Governorship seat with the appellant/applicant in April, 2003 and won.
10. 2nd defendant/respondent is the Chief Law Officer of Ondo State, while the 3rd defendant was set up by 1st defendant/respondent by an instrument dated 6lh July, 2004. Now shown to me, attached herewith and marked as exhibit 5 is a copy of the Instrument setting up the 3rd defendant.
11. .The 4th, 5th, 6th, 7th, 8th and 9th defendants are members of the 3rd defendant.
12. The 4th defendant is a Judge of the High Court of Ondo State, while the 5th defendant is a Professor of Law and Dean, Faculty of Law of Adekunle Ajasin University, Akungba-Akoko, Ondo State.
13. Appellant/applicant informed me and I verily believed as follows:

(i) Before issuing exhibit 5, 1st defendant/respondent had inter alia set up a Contract Review Committee which roundly condemned him and his administration for diverse malpractices without giving them any opportunity to be heard.

(ii) All items contained in exhibit 5 are the same with those already looked into by the Contract Review Committee.