Ekiti State High Court on Wednesday adjourned the hearing of the suit filed by the former Speaker of the Ekiti State House of Assembly, Gboyega Aribisogan due to resh issues raised by the claimant in his reply to the counter-affidavit of the defendants.
The court subsequently adjourned the case till February 20 to allow the defendants to respond to new issues raised by the former speaker.
Justice Adekunle Adeleye, at the resumed hearing of the suit on Wednesday, said the defendants should be given the opportunity to respond to new facts in the counter-affidavit and written address filed by the claimant.
Defendants in the suit are the Ekiti State House of Assembly, its clerk, and speaker, Olubunmi Adelugba, respectively first, second and third defendants.
Counsel to the claimant, Mr Stanley Imhanruoh, withdrew an application he had filed to set the matter down for hearing which was granted by the presiding judge, Justice Adeleye and on behalf of Aribisogan, filed a reply to the counter-affidavit in opposition to the Originating Summons and an affidavit of service of the process.
“We were served yesterday with their Counter-Affidavit which contains new facts and new issues of law which we will have to react to and by the rules of the court and settled position of the law, we have to react,” Balogun said.
Justice Adeleye, in his reaction, stated: “Your application is not ripe for hearing; I don’t want to run a kangaroo court. If you served them yesterday and he has raised observations that you have raised new issues he would have to react to them.
“Ordinarily, the other party should be given the opportunity to react. You (Imhanruoh) that is delaying yourself by introducing new issues, next time, serve on time so that the other side can reply on time. Your failure in serving them on time is your own problem.”
Justice Adeleye also reiterated his commitment to be fair to parties in the suit urging them to cooperate with the court to hear and conclude the suit as soon as possible.