Justice Ahmed Mohammed of the Federal High Court, Abuja Thursday rejected an oral application by lawyer to Governor Ayodele Fayose of Ekiti State for an order stopping the on-going move to impeach the governor.
Fayose’s lawyer, Ahmed Raji (SAN) had shortly before the end of proceedings in the case seeking to stop the on-going impeachment move, applied orally for an order directing parties to maintain status quo ante bellum “to stop things from degenerating further.”
Justice Mohammed, in a ruling, rejected Raji’s prayer and upheld the argument by Terence Vembe, lawyer to Ekiti State Speaker, Adewale Omirin, to the effect that granting such prayer will amount to the court amending its earlier ruling that the defendants were still within time show cause, as earlier ordered by the court.
The judge had, last Wednesday, refused Fayose’s ex-parte prayers for interim injunctions restraining Omirin and other defendants in the case from proceeding with the impeachment move.
Instead, Justice Mohammed ordered the defendants to show cause why the orders of interim injunction sought by the plaintiffs should not be granted.
Plaintiffs in the suit marked: FHC/ABJ/CS/302/2015 include Olugbemi Joseph Dele (who claimed to be Speaker of the State Assembly), Ekiti State House of Assembly, Fayose and his deputy, Olusola Kolapo.
Listed as defendants are Omirin, the Inspector General of Police (IGP), Independent National Electoral Commission (INEC) and the Chief Judge, Ekiti State.
At the commencement of proceedings Thursday, Raji urged the court to grant the order of interim injunction on the ground that none of the defendants complied with the court’s order of April 8 directing them to show cause.
“None of the defendants has filed any paper and already a life has been lost on the account of trying to carry out the illegal act (impeachment). To save more life, I urge my Lord to grant the reliefs 5, 6, 7 and 8 on our motion paper.”
Vembe objected and told the court that his client were contesting the mode of service of the court processes on him, which he said, was done through a newspaper publication on April 11 which was a public holiday.
He further faulted the service effected by the plaintiffs via a publication in the Nigerian Tribune newspaper on April 11 on the ground that movements were restricted on that day owing to the governorship and House of Assembly elections held nationwide.
In a brief ruling, Justice Mohammed upheld Raji’s argument that Vembe‎ could not canvass any argument on the issue of service orally without putting it in writing as required under the court’s rules.
Vembe proceeded to argue that his client was still within time to obey the court’s order directing him and other defendants to show cause.
Although Raji objected to Vembe’s further argument that his client was still within time, Justice Mohammed, in yet another brief ruling, upheld Vembe’s argument.
The judge noted that the publication ought not to have been done on a public holiday. He held that the three days within which the defendants were required to comply with the court’s order began to run on Tuesday, April 14 and will end on Friday‎, April 17.
“As of today, the 1st defendant is still within time as provided by Order 36 Rule 13 of the Federal High Court Rules,” the judge said.
Further hearing in the case has been fixed for April 29.
The plaintiffs are, in the substantive suit, 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).”


http://thenationonlineng.net/new/again-court-re%E2%80%8Efuses-to-stop-impeachment-move-against-fayose/

So many legal technicalities but fayose is going nowhere.The chief Judge and the clerk of ekiti state does not recongise orimini as speaker and will not act on any letter written by that postmaster

Fayose must go

chai i pity these guy o

No room for rascality in Nigeria politics

pdp power

hmmmm... all I c is some sets of Peps wasting dier time n money n d other sets just playing wt oda Peps time n getting free money....
wi all kno n even d judges kno dt Fayose can NEVA b impeached coz Ekiti state that is one of d most loyal n few pdp States within d country....
some Peps ar too blind to d fact dt dese politicians ar far bigger Dan d law expecially wen deY av d total support of big men at d top(GEJ)...
d case wud b dragged n adjourned till Fayose finishes his anoda four years, if buhari can escape d court cases abT his certificate saga n become d president elect..... how much more dis smaller case....

[s]

ozoigbondu:
So many legal technicalities but fayose is going nowhere

[/s]
You're just a common PDP TANoid, you have no say in this matter.

Na wa o

Thought he said God has to be impeached before he can be impeached. The same judges you disrespected? He must be impeached!

Pdp....d mighty fallen

They are liars the will of ekiti ppl must stand

They should leave this man alone! Apc pushing for impeachment!
Like they are the only one who deserves governmental positions in the country!


.

Shey that fly say him stubborn, oya, let's ride on with the yo-yo.

APC cannot reap where they did not sow. Ekiti is a PDP state. Let it sink into their skull.

lol..may dm free Fayose jawe.
D majority love him

Np-Olamide phyno lil kesh----Ladi

Fayose is going to be impeached as soon as Buhari is sworn in.

Fayose is a goner.
Though proceedings might tarry,he's defo gonna vacate that seat.After him, wike.
Operation wipe out all the thuggish governors Activated!

ok

FAYOSE every thugs role model!

dridowu:
No room for rascality in Nigeria politics

Oya go and tell the Abuja judge to constitute the impeachment panel since the ekiti CJ is not cooperating Lol

Ewo tun ni oral application again na?
These my APC people shld just free Fayose before they start making mistake themselves.
The man has begged all Nigerians to forgive him. Let's enjoy him instead of trying to prove a point.

we are watching

Hollla

he would go

Those lawmakers should free this man. He has pleaded with them. They should let peace reign for this time.

Hmmm

Only if God Destined his removal, but I'm pretty sure it's not gonna happen

I don't understand any thing from what the OP just said