Court of Appeal rules on ex-Ondo deputy gov’s rights enforcement against impeachment suit

Olanusi wants the appellate court to upturn the decision of a Federal High Court in Lagos which refused his prayer for reinstatement.

The fundamental rights enforcement suit filed by Olanusi for his reinstatement was on August 13, 2015 struck out by Justice Mohammed Idris, who described it as an abuse of court processes.

According to Punch, Idris had noted that the reliefs that Olanusi was seeking in that suit were same as those in an earlier suit marked Ak/51/2015, which was then pending before an Ondo State High Court in Akure.

“The issues of the fundamental rights of the applicant were raised in that suit as in this suit. This cannot be allowed.“The institution of the first action between the main parties or even similar parties on same subject matter simultaneously when the previous suit has not been disposed off constitutes an abuse of court processes.

“I therefore hold that this suit is filed in abuse of court processes in the light of suit numbered AK/51/2015,” Idris held.

Punch reports that the judge also held that he had no jurisdiction to entertain the suit and went on to fault the joining of the Inspector General of Police as a defendant, who, he said, played no role in Olanusi’s impeachment.

Idris upheld the submission of the Attorney General of Ondo State, Mr. Eyitayo Jegede (SAN), who said Olanusi joined the Inspector General of Police as a subterfuge to confer a jurisdiction, which the court did not have, on it. (Punch)