An Ado Ekiti High Court presided
over by Justice Lekan Ogunmoye yesterday said the Judicial Commission of
Inquiry instituted by the government to probe former governor Kayode Fayemi
between 2010 and 2014 was properly constituted.
The judge stated this while
delivering judgment in the suit filed by the former governor against the
constitution of the commission.
Fayemi had sought the court’s
prayer to set aside and perpetually restrain the commission from sitting.
But justifying the constitution
of the commission, Ogunmoye said Governor Ayodele Fayose had
exclusive rights to set up commission of inquiry without the prompting of the
state assembly.
The court set aside all the
reliefs sought by Fayemi through his lawyer, Mr. Akingbade Ogunmoyela seeking
an injunction to restrain the state government and the Judicial Commission of
Enquiry set up by Fayose to probe his administration from going ahead with the
exercise.
The Minister for Steel and
Mineral Resources Development also alleged that all the members of the panel
were the governor’s apologists, adding that there was no way the panel would be
fair to him, against which Justice Ogunmoye said Fayose acted pursuant to
Section 2 (1) of the Commission Inquiry Law Cap C10 Laws of Ekiti State.
Fayose had in May this year
constituted a judicial panel led by a former acting chief judge of the state,
Justice Silas Oyewole, to probe Fayemi’s administration between October 2010
and October 2014 over alleged financial misappropriation.
Reacting after the judgment,
Fayemi’s counsel, Mr. Akingbade Ogunmoyela said the court had
agreed that the Assembly had no right to direct the governor to set up the
inquiry, adding that he would not know whether or not his client would appeal
the judgment.
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