Oni vs Fayemi: Court sets hearing for Sept. 25

Okays ex-gov’s amended processes

 

A Federal High Court in Abuja has fixed September 25 this year for hearing in the suit challenging the eligibility of Ekiti State Governor-elect, Kayode Fayemi for the last governorship election in the state.

Justice Nnamdi Dimgba chose the date on Wednesday after granting an application by the plaintiff, Segun Oni, for an amendment to the originating processes.

Earlier, Oni’s lawyer, Anthony Adeniyi told the court that his client has complied with the order for substituted service on the defendants.

Fayemi’s lawyer, Rafiu Balogun said his client was just served with the court processes and needed time to respond.

He agreed to file his client’s response before the next date.

Oni, in the suit marked: FHC/ABJ/CS/663/2018 claimed that Fayemi was not qualified to participate in the APC’s primary election held on May 12 this year on the grounds that he allegedly failed to resign his appointment as Minister Mines and Steel Development as required by law.

According to him, Fayemi won the APC’s primary election on May 12 this year while he was still the Minister of Mines and Steel Development, a position he didn’t officially resign from until May 30.

He queried Fayemi’s eligibility for the election on the strength of his (Fayemi) purported indictment by the Justice Oyewole Judicial Panel of Enquiry, set up by the state government to probe Fayemi’s first tenure in office.

Oni, who came second in the primary election by scoring 481 votes behind Fayemi’s 941, wants the court to declare him the valid flag bearer of the APC in the election held on July 14 this year, which Fayemi won.

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He also wants “A declaration that the claimant (Oni,) having scored 481 votes which is the majority of lawful and valid votes at the 2nd defendant’s (APC) 12th May, 2018 governorship primaries election for the purpose of determining the 2nd defendant’s candidate for the 14th July 2018 election for the office of Governor, Ekiti State is the person that was validly nominated by the 2nd defendant for the 14th July, 2018 election for the office of Governor, Ekiti State.”

Oni wants the court to determine “whether by virtue of All Progressives’ Congress constitution and particularly Articles 2 and 5 of All Progressives’ Congress 2014 Guidelines for the nomination of candidates for public office as applicable to the APC Governorship primaries conducted on the 12th May, 2018, the 1st defendant, being a serving member of the Federal Executive and Federal Minister of Solid Minerals, Mines and Steel Development, having not resigned his appointment as a member of Federal Executive and Minister of Solid Mineral, Mines and Steel Development, at all or at least 30 days to the said primaries election of 12th May, 2018, was qualified to contest and participate in the said All Progressive Congress Governorship primaries of 12th May, 2018 as an aspirant in that election.”

He is also praying the court to determine “Whether by virtue of All Progressive Congress Constitution and particularly Articles 2 and 5 of All Progressive Congress 2014 Guidelines for the nomination of candidates for public office as applicable to the APC Governorship primaries conducted on the 12th May, 2018, at Damilek Event Centre, Ado-Ekiti for the purpose of determining or nominating the 2nd defendant candidate for the 12th July Ekiti State Governorship election, the 1st defendant, having been indicted by Rtd. Hon. Justice Oyewole Judicial Panel of Enquiry, was qualified to contest and participate in the said All Progressives Congress Governorship primary of 12th May, 2018 as an aspirant in that election.”

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