A High Court of the Federal
Capital Territory sitting at Bwari, is set to hear a suit challenging the
eligibility of the Minister of Mines and Solid Minerals, Kayode Fayemi, to
participate in the forthcoming governorship election scheduled to hold in Ekiti
State on July 14.
Justice Othman Musa ordered
service of hearing notices on both Mr Fayemi and the All Progressives Congress,
APC, to enable them to appear in court on June 7 for the hearing of the case.
The government of Ekiti State was
equally cited as the 3rd Defendant in the suit marked FCT/HC/BW/CV/57/2018,
which was lodged before the court by African People’s Party, APP.
Specifically, APP, through its
lawyer, Johnmary Jideobi, is praying the court to determine “Whether or not
upon a calm reading of Section 182 (1) (i) of the 1999 Constitution as Amended
and having regard to the indictment of the 1st Defendant by the Ekiti State
Judicial Commission of Inquiry, the 1st Defendant is not Constitutionally
disqualified to hold public office especially office of the Governor of Ekiti
State of Nigeria?
“Whether or not upon a sober
reading of Section 182(1) (i) of the 1999 Constitution of the Federal Republic
of Nigeria as amended, a political party [such as the 2nd Defendant herein] can
validly sponsor a candidate [such as the 1st Defendant herein] constitutionally
disqualified from vying for the office of a Governor of a State?”
Against the background of the
answer(s) that may be given to the questions of law, the plaintiff, claims the
following reliefs from the court, against the Defendants: “A declaration that
upon a calm reading of Section 182 (1) (i) of the 1999 Constitution of the
Federal Republic of Nigeria as Amended and having regard to the indictment of
the 1st Defendant by the Ekiti State Judicial Commission of Inquiry, the 1st
Defendant is Constitutionally disqualified to hold public office especially office
of the Governor of Ekiti State of Nigeria.
“A solemn declaration that upon a
sober reading of Section 182(1) (i) of the 1999 Constitution of the Federal
Republic of Nigeria as amended, a political party [such as the 2nd Defendant
herein] cannot validly sponsor a candidate [such as the 1st Defendant herein]
constitutionally disqualified from vying for the office of a Governor of a
State.
“An order of this Honourable
Court restraining the 2nd Defendant from either considering, screening,
accepting and or sponsoring the 1st Defendant or holding him out as its
governorship candidate in the forthcoming governorship election scheduled to be
held in Ekiti State of Nigeria on the 14th day of July, 2018”.
However, APC has challenged the
competence of the suit, even as it urged the court to dismiss it for want of
merit.
APC and Mr Fayemi, through their
lawyer, Rafiu Balogun, filed a joint preliminary objection against the suit.
In a 28-paragraphed
counter-affidavit that was deposed to by one Oluwaseun Odewale, APC told the
court that it was “flabbergasted” by Report of the Ekiti State Commission of
Inquiry that indicted Fayemi. According to APC, “The most worrisome aspect of
the Report is the purported barring of Kayode Fayemi from holding public office
for 10 years when the Ekiti State is not a court of law”.
On his part, Fayemi maintained
that he was not accorded fair-hearing by the Justice Silas Bamidele Oyewole-led
eight-man panel of Inquiry that indicted him over alleged embezzlement and
contract fraud.
“I know as a fact that the
incumbent Governor of Ekiti State, Dr. Peter Ayodele Fayose, acting pursuant to
the resolution of the Ekiti State House of Assembly, constituted Commission of
Inquiry to look into finances of Ekiti State between 2010 to 2014.
“I know as a fact that Dr. Kayode
Fayemi, the 1st defendant, challenged the legality and the constitutionality of
the Commission of Inquiry on diverse grounds and he specifically raised the
issue of the composition of the Commission further Inquiry which was
deliberately constituted in such a way that Justice and fairness cannot be
guaranteed to all the parties.
“I know as a fact that some of
the members of the Commission are civil servants and the Chairman of the
Commission a retired Acting Chief Judge has an axe to grind with the 1st
defendant and was waiting for an opportunity to have his pound of flesh”.
“I know as a fact that it was the
Tender Board of Ekiti State that awarded a contract and specifically the
building contracts were handled by the Bureau of Infrastructure and Public
Utilities which had been managed by the Ministry of Works and Transport.
“I know as a fact that there was
no evidence that the contract sum for the Utra-Modern Market was ever disbursed
to any company or diverted by anybody.
“I know as a fact that the Commission of
Inquiry merely invited Dr. Kayode Fayemi as a Witness to appear before them to
give evidence on specific issues related to 852m UBE/SUBEB Loan claimed to be
embezzled by Dr. Kayode Fayemi and now found to be withdrawn by the Bank itself
When Governor Fayose threatened not to pay the Loan”, he added.
Click to signup for FREE news updates, latest information and hottest gists everyday
Advertise on NigerianEye.com to reach thousands of our daily users
No comments
Post a Comment
Kindly drop a comment below.
(Comments are moderated. Clean comments will be approved immediately)
Advert Enquires - Reach out to us at NigerianEye@gmail.com