The Ado Ekiti Division of the Federal High Court has dismissed the suit
filed by former Governor of Ekiti State, Chief Segun Oni, to challenge
the eligibility of Governor Kayode Fayemi to contest in the July 14
governorship election in the state. Oni, who was an All Progressives
Congress aspirant in the election, in the suit, challenged Fayemi’s
eligibility on the grounds that the governor did not resign his
appointment as a minister 30 days before the party primaries and as well
that he was indicted by the Justice Silas Oyewole-led commission of
inquiry last year. The commission of inquiry was set up by the former
Governor Ayodele Fayose to probe the finances of the state government
when Fayemi was governor of the state between 2010 and 2014. Among
others, Oni, through his counsel, Chief Anthony Adeniyi, prayed the
court to void the votes cast for Fayemi in the primaries for refusing to
resign and the indictment, withdraw the certificate of return issued to
Fayemi, declaring Oni as duly nominated APC candidate and as well duly
elected governor in the July 14 election. Fayemi's lawyer, Chief Rafiu
Balogun, who urged the court to strike out Oni’s suit for lack of merit,
said Fayemi was not a public servant nor an official of the APC hence
the resignation clause was not binding just as he said an Abuja court
had quashed the decision of the commission of inquiry. The case, which
had earlier begun at an Abuja Division of Federal High Court was
transferred to Ado Ekiti last month. Justice Uche Agomoh, while
delivering her two-hour judgment on Monday, dismissed the suit for
lacking in merit, saying, “I am of the firm view that the originating
summons is hereby dismissed.” Agomoh, who resolved the issues for
determination in favour of Fayemi, said the governor could not be
disqualified on the basis of the report of the Commission of Inquiry
whereby an Abuja court had quashed the indictment. The judge said:
“Indictment does not satisfy the definition of conviction. He cannot be
disqualified”. Agomoh also said: “The issue of 30 days resignation
before election does not apply in this case,” saying the applicant’s
claim that Fayemi was an official of the APC and a public servant could
not be proved. According to the judge, Fayemi, as a minister of the
federation was not a public servant but a political office holder and an
appointee of the President, hence the 30 days resignation stipulation
did not apply. Counsel to Oni in his response, said, “We are going to
study this judgment to determine the next cause of action”.Court dismisses suit filed by ex-governor Segun Oni against incumbent, Kayode Fayemi over Ekiti election
The Ado Ekiti Division of the Federal High Court has dismissed the suit
filed by former Governor of Ekiti State, Chief Segun Oni, to challenge
the eligibility of Governor Kayode Fayemi to contest in the July 14
governorship election in the state. Oni, who was an All Progressives
Congress aspirant in the election, in the suit, challenged Fayemi’s
eligibility on the grounds that the governor did not resign his
appointment as a minister 30 days before the party primaries and as well
that he was indicted by the Justice Silas Oyewole-led commission of
inquiry last year. The commission of inquiry was set up by the former
Governor Ayodele Fayose to probe the finances of the state government
when Fayemi was governor of the state between 2010 and 2014. Among
others, Oni, through his counsel, Chief Anthony Adeniyi, prayed the
court to void the votes cast for Fayemi in the primaries for refusing to
resign and the indictment, withdraw the certificate of return issued to
Fayemi, declaring Oni as duly nominated APC candidate and as well duly
elected governor in the July 14 election. Fayemi's lawyer, Chief Rafiu
Balogun, who urged the court to strike out Oni’s suit for lack of merit,
said Fayemi was not a public servant nor an official of the APC hence
the resignation clause was not binding just as he said an Abuja court
had quashed the decision of the commission of inquiry. The case, which
had earlier begun at an Abuja Division of Federal High Court was
transferred to Ado Ekiti last month. Justice Uche Agomoh, while
delivering her two-hour judgment on Monday, dismissed the suit for
lacking in merit, saying, “I am of the firm view that the originating
summons is hereby dismissed.” Agomoh, who resolved the issues for
determination in favour of Fayemi, said the governor could not be
disqualified on the basis of the report of the Commission of Inquiry
whereby an Abuja court had quashed the indictment. The judge said:
“Indictment does not satisfy the definition of conviction. He cannot be
disqualified”. Agomoh also said: “The issue of 30 days resignation
before election does not apply in this case,” saying the applicant’s
claim that Fayemi was an official of the APC and a public servant could
not be proved. According to the judge, Fayemi, as a minister of the
federation was not a public servant but a political office holder and an
appointee of the President, hence the 30 days resignation stipulation
did not apply. Counsel to Oni in his response, said, “We are going to
study this judgment to determine the next cause of action”.
