Ekiti State Governor, Ayodele Fayose, and his deputy, Kolapo Olusola, on
Wednesday failed in their legal bid to stop the impeachment moves being made
against them by the All Progressives Congress members of the state House of
Assembly.
A Federal High Court in Abuja on Wednesday rejected their prayers contained in
an ex parte application seeking interim injunction to set aside the impeachment
notice served on them and halt further moves to remove them from office.
The court only granted prayers contained in the ex parte application relating to
service of the court processes on the defendants.
Rather than granting the prayers for interim injunction, Justice Ahmed
Mohammed ordered the defendants in the suit, including the APC factional
Speaker of the House of Assembly, Adewale Omirin, and the Chief Judge of the
state, Justice Ayodeji Daramola, to appear in court on April 16.
The court ordered the defendants to appear in court to show cause why the
order of interim injunction being sought by the plaintiffs halting the
impeachment proceedings should not be granted.
Apart from Omirin and Justice Daramola, other defendants in the suit are the
Inspector General of Police, Mr. Suleiman Abba, and the Independent National
Electoral Commission.
The plaintiffs in the suit are the Speaker of the House of Assembly (described
as being occupied by the Peoples Democratic Party factional Speaker, Olugbemi
Joseph Dele); Ekiti State House of Assembly, Fayose and Olusola.
Counsel for the plaintiffs, Mr. Ahmed Raji, had sought the interim injunctions
halting the impeachment moves through an ex parte application dated and filed
on April 7, 2015.
He had urged the court to grant the interim injunction setting aside the
impeachment notice already served on the governor and the deputy and also
restraining the defendants from taking any further steps in the impeachment
moves.
The lawyer argued that the act by Omirin to issue an impeachment notice and
serve same on the governor and the deputy governor as Speaker of the House
of Assembly amounted to impersonating the incumbent Speaker.
“The gravamen of our complaint is that a former Speaker of the parliament, the
Ekiti State House of Assembly, in the person of the 1st respondent (Omirin) is
trying to impersonate the 1st plaintiff (Dele) who is the current Speaker of the
parliament,” Raji said.
Part of the orders sought in the ex parte application are “An order of injunction
restraining the 1st defendant (Dele) and other errant members of the 2nd
plaintiff (Ekiti State House of Assembly) from further taking any step or
engaging in unlawful activities relating to the impeachment of Peter Ayodele
Fayose and Dr. Kolapo Olusola as governor and deputy governor of Ekiti State.
“An interim order of injunction restraining the Chief Judge of Ekiti State from
taking any step or action in relation to the request of the 1st defendant (Omirin)
for the purpose of appointing a panel of seven persons to investigate the
purported allegations of gross misconduct against Peter Ayodele Fayose and Dr.
Kolapo Olusola.
“An interim order of injunction restraining the police from continuing to abet,
give cover, protection or lend credence to the activities of the 1st defendant and
other errant members of the 2nd plaintiff for self-help in disruption of legislative
proceedings in the Ekiti State House of Assembly.
“An interim order of injunction setting aside the purported notice of
impeachment and all the steps taken by the 1st defendant and other errant
members of the 2nd plaintiff in relation to the purported issuance and service of
the notice of impeachment for the purpose of commencing. And concluding
impeachment proceedings against Peter Ayodele Fayose. And Dr. Kolapo
Olusola.”
The plaintiffs had urged the court to grant the prayers and make the interim
injunctions to subsist pending the determination of their motion on notice for
interlocutory injunctions seeking the same set of prayers.
Raji urged the court to grant the prayers “in the interest of justice, public order,
peace and safety of the people of the state”.
But the judge in his ruling rather than granting the interim injunctions ordered
the parties to appear in court to convince the court why the plaintiffs’ prayers
for interim injunction should not be granted.
Justice Mohammed ruled, “The order is hereby made directing the 1st to 4th
defendants (Omirin, IGP, INEC and Ekiti CJ), to appear before this court on April
16, 2015 and show cause why the interim order sought by the plaintiffs via an
ex parte motion dated April 7, 2015 should not be made by this court.”
But the court granted other prayers contained in the ex parte motion relating to
service of the court processes, including the main suit) on the defendants.
The court granted leave to serve Omirin and Justice Daramola, who reside in
Ekiti State, outside jurisdiction.
It also ordered that Omirin and the Ekiti State Chief Judge be served through
advertisement in a national newspaper.
It also made a separate order that the Chief Judge be served with processes of
court through the office of the Chief Registrar of of the Ekiti State High Court.
In their main suit, FHC/ABJ/CS/302/2015, the plaintiffs are seeking nine prayers
among which is “an order setting aside the purported notice of impeachment
and all steps taken by the 1st defendant (Omirin) with other errant members of
the 2nd plaintiff (Ekiti State House of Assembly) in relation to the purported
issuance and service of the said notice of impeachment for the purpose of
commencing and concluding the impeachment proceedings against Peter
Ayodele Fayose and Dr. Olusola Kolapo, except and until there is absolute
compliance with provisions of section 36(1) and section 188(1), (2), (3) and (4)
of the 1999 Constitution (as amended).”
Other prayers being sought by the plaintiffs include, “An order prohibiting the
1st defendant (Omirin) and other errant members of the 2nd plaintiff (Ekiti State
House of Assembly) from further taking any step, or engaging in unlawful
activities relating to the impeachment of Peter Ayodele Fayose and Dr. Olusola
Kolapo, except and until there is absolute compliance with provisions of section
36(1) and section 188(1), (2), (3) and (4) of the 1999 Constitution (as
amended).
“An order prohibiting the Chief Judge of Ekiti State from taking any step or
action in relation to the request of the 1st defendant (Omirin) for the purpose of
appointing a panel of seven persons to investigate and purported allegations of
gros misconduct against Peter Ayodele Fayose and Dr. Olusola Kolapo, except
and until there is absolute compliance with provisions of section 36(1) and
section 188(1), (2), (3) and (4) of the 1999 Constitution (as amended).”
Justice Mohammed on Wednesday ordered that hearing notices be served on all
the defendants and adjourned the matter till April 16.
http://www.punchng.com/news/court-refuses-to-stop-impeachment-proceedings-against-fayose-deputy/
http://www.osundefender.org/?p=236077

Fayose must go! All I know










Cheeers

Time to impeach the fayose. He should move to Otuoke with GEJ

Fayose will soon make history as the first governor ever to be impeached twice.

Sorry fayose, power don change oh

Almost all these Legislators will be history before the court gives a verdict.

Buhari's court cases will first be settled before Fayose's impeachment proceedings can start.