Court Strikes Out Oni’s Suit Against Fayemi

The Federal High Court sitting in Ado Ekiti yesterday struck out the eligibility suit filed by former Ekiti State governor, Segun Oni against the incumbent governor, Dr. Kayode Fayemi.

Oni had approach the court to challenge the participation of Fayemi in the May 12, 2018 governorship primary where he (Fayemi) emerged the candidate of the All Progressives Congress (APC) in the July 14 governorship election. Fayemi in the suit was the 1st defendant, while APC and Independent National Electoral Commission (INEC) were 2nd and 3rd defendants respectively.

The former governor based his suit on the grounds that the governor did not resign his appointment as Minister of Mines and Steels Development 30 days before the party primaries was held and that he (Fayemi) was indicted by the Justice Silas Oyewole-led commission of inquiry.

The panel of inquiry set up by the former Governor Ayodele Fayose in 2017 was to probe the finances of the state government under Fayemi-led administration between 2010 and 2014.

Oni, through his counsel, Chief Anthony Adeniyi, prayed the court to void the votes cast for Fayemi for refusing to resign and the indictment, withdraw the certificate of return issued him and declared him( Oni)as duly nominated APC candidate and duly elected governor in the July 14 election.

But counsel to Fayemi, Chief Rafiu Balogun, who urged the court to strike out Oni’s suit for lacking in  merit, said he was not a public officer nor an official of 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.

In her judgement, Justice Uche Agomoh, who dismissed the suit for lacking in merit, said “I am of the firm view that the originating summon 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 APC and a public servant could not be proved.

The court held that Fayemi was validly nominated by APC and that he was not a public officer envisaged by the Electoral Act, 1999 Constitution and Party Guidelines to resign before contesting.

Reacting to the judgement,  counsel to Fayemi  described the judgement as appropriate and wonderful.