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Ekiti Assembly Crisis: Court Strikes Out APC Lawmakers’ Suit Against Fayose - Politics - Nairaland

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Ekiti Assembly Crisis: Court Strikes Out APC Lawmakers’ Suit Against Fayose by deltalife(m): 6:42am On May 08, 2015
A Federal High Court in Lagos on Thursday struck out a suit filed by the 19 All Progressives Congress (APC) lawmakers, challenging the removal of the Speaker of the State House of Assembly, Adewale Omirin and his deputy, Adesegun Orisalade. Justice Saliu Saidu, who gave the ruling, awarded a cost of N100, 000 against Omirin and 18 other lawmakers.

The judge struck out the suit after listening to the submission of the counsel to the APC lawmakers, Mr Norrison Quackers, represented by Mr Onyeka Ofoegbu. He had urged the court to strike out the suit without cost. Counsel to the defendants, Mr Kayode Olufala, urged the court to dismiss the plaintiffs’ suit with a substantial cost.



The PDP lawmakers, while urging the court to dismiss plaintiffs’ suit, supported their application with the provisions of Order 15 Rule 2 (1) of the Federal High Court Civil Procedure Rules. Saidu said:“I have gone through the notice of discountenance and objection filed by the defendants, urging the court to dismiss the plaintiffs’ suit.

“The defendants have taken steps in this case by the processes they filed, saying this case ought to be dismissed and not struck out. “The issue in a situation like this where the defendants have taken steps is left at the discretion of the court in the case of Rear Admiral Ebi Borpeni Vs Darabella Nigeria Ltd; 2014.

“However, this issue has been well discussed in the case of Abayomi Babatunde Vs Pan Atlantic Shipping and Transport Agency Ltd and others where the court was urged not to close the door of justice. “In the present democratic setting in this country, I am cautioned to take the path of striking out the case rather than dismissal.

“I hereby strike out this case with a cost of N100,000 against the plaintiffs in favour of the first to eight and twelve to fourteen defendants.” The APC lawmakers had challenged the removal of Omirin and his deputy. The suit which was filed in December 2014, was seeking, among others, an order restraining the factional Speaker of the House, Dele Olugbemi, and his deputy, Olayinka Abeni, from either parading themselves as or executing duties in the capacity of the leaders of the House.

But the lawmakers, through their counsel, Quakers (SAN), had on April 9, filed a notice dated April 7 to discontinue the case. Though no reason was given in the notice of discontinuance of the suit, the action followed the argument by Fayose that Omirin and Orisalade lacked the locus standi to commence any impeachment proceedings against him since they had been impeached and were currently challenging their impeachment in court.

The defendants in the suit are Olugbemi, Samuel Ajibola, Adeojo Alexander, Adeloye Adeyinka, Isreal Olowo Ajiboye, Fatunbi Olajide, and Olayinka Abeni. Gov. Ayodele Fayose, the Department of State Security, (DSS), the Inspector General of Police, Ekiti State Commissioner of Police, Mr Owoseni Ajayi, Mr Kayode Oso, and Chief Toyin Ojo (nine to fourteen defendants respectively).
Omirin and his deputy, Orisalade, were impeached by seven PDP lawmakers on Nov. 20, 2014, on the floor of the House.
at Thursday, May 07, 2015
Re: Ekiti Assembly Crisis: Court Strikes Out APC Lawmakers’ Suit Against Fayose by Nobody: 7:40am On May 08, 2015
Fayose should enjoy his short lived victory. After May 29th, the beats go change and he may end up dancing into kirikiri

Temitemi1 cm and see ur role model o
Re: Ekiti Assembly Crisis: Court Strikes Out APC Lawmakers’ Suit Against Fayose by Trailblazer1(m): 7:45am On May 08, 2015
Chai....... grin

Fayose is not only the man of the people but also the man of the gods.

Fighting Fayose tantamounts to fighting both the people and the gods, which is evident that you can't win.

Detractors beware!!!
Re: Ekiti Assembly Crisis: Court Strikes Out APC Lawmakers’ Suit Against Fayose by temitemi1(m): 7:46am On May 08, 2015
Dancing to kirikiri base on what sir
Martins301:
Fayose should enjoy his short lived victory. After May 29th, the beats go change and he may end up dancing into kirikiri

Temitemi1 cm and see ur role model o
Re: Ekiti Assembly Crisis: Court Strikes Out APC Lawmakers’ Suit Against Fayose by Trailblazer1(m): 7:47am On May 08, 2015
deltalife:
A Federal High Court in Lagos on Thursday struck out a suit filed by the 19 All Progressives Congress (APC) lawmakers, challenging the removal of the Speaker of the State House of Assembly, Adewale Omirin and his deputy, Adesegun Orisalade. Justice Saliu Saidu, who gave the ruling, awarded a cost of N100, 000 against Omirin and 18 other lawmakers.

The judge struck out the suit after listening to the submission of the counsel to the APC lawmakers, Mr Norrison Quackers, represented by Mr Onyeka Ofoegbu. He had urged the court to strike out the suit without cost. Counsel to the defendants, Mr Kayode Olufala, urged the court to dismiss the plaintiffs’ suit with a substantial cost.



The PDP lawmakers, while urging the court to dismiss plaintiffs’ suit, supported their application with the provisions of Order 15 Rule 2 (1) of the Federal High Court Civil Procedure Rules. Saidu said:“I have gone through the notice of discountenance and objection filed by the defendants, urging the court to dismiss the plaintiffs’ suit.

“The defendants have taken steps in this case by the processes they filed, saying this case ought to be dismissed and not struck out. “The issue in a situation like this where the defendants have taken steps is left at the discretion of the court in the case of Rear Admiral Ebi Borpeni Vs Darabella Nigeria Ltd; 2014.

“However, this issue has been well discussed in the case of Abayomi Babatunde Vs Pan Atlantic Shipping and Transport Agency Ltd and others where the court was urged not to close the door of justice. “In the present democratic setting in this country, I am cautioned to take the path of striking out the case rather than dismissal.

“I hereby strike out this case with a cost of N100,000 against the plaintiffs in favour of the first to eight and twelve to fourteen defendants.” The APC lawmakers had challenged the removal of Omirin and his deputy. The suit which was filed in December 2014, was seeking, among others, an order restraining the factional Speaker of the House, Dele Olugbemi, and his deputy, Olayinka Abeni, from either parading themselves as or executing duties in the capacity of the leaders of the House.

But the lawmakers, through their counsel, Quakers (SAN), had on April 9, filed a notice dated April 7 to discontinue the case. Though no reason was given in the notice of discontinuance of the suit, the action followed the argument by Fayose that Omirin and Orisalade lacked the locus standi to commence any impeachment proceedings against him since they had been impeached and were currently challenging their impeachment in court.

The defendants in the suit are Olugbemi, Samuel Ajibola, Adeojo Alexander, Adeloye Adeyinka, Isreal Olowo Ajiboye, Fatunbi Olajide, and Olayinka Abeni. Gov. Ayodele Fayose, the Department of State Security, (DSS), the Inspector General of Police, Ekiti State Commissioner of Police, Mr Owoseni Ajayi, Mr Kayode Oso, and Chief Toyin Ojo (nine to fourteen defendants respectively).
Omirin and his deputy, Orisalade, were impeached by seven PDP lawmakers on Nov. 20, 2014, on the floor of the House.
at Thursday, May 07, 2015
Are you a learner?
Add your source abeg
Re: Ekiti Assembly Crisis: Court Strikes Out APC Lawmakers’ Suit Against Fayose by Nobody: 8:00am On May 08, 2015
temitemi1:
Dancing to kirikiri base on what sir

Breaching the constitution on several counts e.g, instigating violence against 19 out of 26 law makers before and after supporting 7 of the law makers to impeach the remaining 19, using the state's resources without proper legislative backing, etc.


Trailblazer1 here is the source,

http://www.premiumtimesng.com/regional/ssouth-west/182584-ekiti-crisis-court-strikes-out-apc-lawmakers-suit-against-fayose.html
Re: Ekiti Assembly Crisis: Court Strikes Out APC Lawmakers’ Suit Against Fayose by cephaswizzy(m): 8:27am On May 08, 2015
apc no de tire?
Re: Ekiti Assembly Crisis: Court Strikes Out APC Lawmakers’ Suit Against Fayose by temitemi1(m): 8:37am On May 08, 2015
'Instigating violence against 19' can u pls explain how
Martins301:


Breaching the constitution on several counts e.g, instigating violence against 19 out of 26 law makers before and after supporting 7 of the law makers to impeach the remaining 19, using the state's resources without proper legislative backing, etc.


Trailblazer1 here is the source,

http://www.premiumtimesng.com/regional/ssouth-west/182584-ekiti-crisis-court-strikes-out-apc-lawmakers-suit-against-fayose.html
Re: Ekiti Assembly Crisis: Court Strikes Out APC Lawmakers’ Suit Against Fayose by Nobody: 8:43am On May 08, 2015
temitemi1:
'Instigating violence against 19' can u pls explain how

Are you aware that he had a public broadcast where he mandated the 'people' of Ekiti to protect their mandate?

Those 'people' later turned out to be motor park touts, bike riders and agberoes who laid seige at the state house of assembly in wait for the 19 lawmakers. In the fiasco that ensued, a life was lost. A corps member was nearly lynched, etc.
Re: Ekiti Assembly Crisis: Court Strikes Out APC Lawmakers’ Suit Against Fayose by temitemi1(m): 8:50am On May 08, 2015
And what's wrong with these pple protecting their mandate sir
Martins301:


Are you aware that he had a public broadcast where he mandated the 'people' of Ekiti to protect their mandate?

Those 'people' later turned out to be motor park touts, bike riders and agberoes who laid seige at the state house of assembly in wait for the 19 lawmakers. In the fiasco that ensued, a life was lost. A corps member was nearly lynched, etc.
Re: Ekiti Assembly Crisis: Court Strikes Out APC Lawmakers’ Suit Against Fayose by stabillo(m): 9:13am On May 08, 2015
Fayose again... Our Role Model

2 Likes

Re: Ekiti Assembly Crisis: Court Strikes Out APC Lawmakers’ Suit Against Fayose by RichDad1(m): 11:10am On May 08, 2015
Fayose's end is gon be worse than GEJ's.

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