Federal High Court in Lagos, on today, struck out the suit filed by the embattled Speaker of Ekiti State House of Assembly, Dr. Adewale Omirin, his deputy, Honourable Adesegun Orisalade, and 17 other All Progressive Congress, challenging their removal from office.‬

‪The court presided over by Justice Saliu Saidu, struck out the suit in his bench ruling, and also awarded a cost of N100, 000, 00, against Dr. Omirin and other 18 APC lawmakers.‬

‪Omirin and 18 other All Progressive Congress, APC, members of the State House of Assembly, have approached the court to challenge what they described as an 'infraction in the House'.‬

‪The defendants in the suit are; the factional Speaker of the House Honourable Dele Olugbemi, Hon. Samuel Ajibola, Hon. Adeojo Alexander, Hon. Adeloye Adeyinka, Hon. Isreal Olowo Ajiboye, Hon. Fatunbi Olajide, and Hon. Olayinka Abeni (first and seventh defendants).‬

‪While the state governor, Mr. Ayodele Fayose, 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).‬

‪The judge struck out the suit after listening to the submission of the counsel to the APC lawmakers, Mr. Norris Quickers, represented by Mr. Onyeka Ofoegbu, who urged the court to strike out the suit without cost, while 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 dismissed plaintiffs', supported their application with Order 15 Rule 2 (1) of the court.‬

‪Justice Saidu in his bench ruling said; "I have gone through the notice of discountenance and objection filed by the defendants urging the court to dismiss the plaintiffs' suit.‬

‪"The issue of what is to be done in the 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 Limited; 2014 LPELR/CA/L/177/2012.‬

‪"However, this issue have been well discussed in the case of Abayomi Babatunde Vs Pan Atlantic Shipping and Transport Agency Limited and other; 2004/SC part 1; 71/100-102, where the court was urged not to close the door of justice, as the court is ordered not to toil that cruel and lonely path to short the door of justice against a litigant. The case of Nigerian Airways Limited Vs Lapite, 1990/11-12/SC/60.‬

‪"In this 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 cost of N100,000.00, against the plaintiffs in favour of the first to eight, and twelve to fourteen defendants in this case."‬

‪The 19 APC lawmakers had approached court seeking the following reliefs; which includes an order restraining Hon. Dele Odugbemi, and Hon. Olayinka Abeni, the first and seven 7th defendants, respectively, from parading themselves or otherwise acting in the capacity of Speaker and Deputy Speaker, of the Ekiti State House of Assembly, as same is illegal, unconstitutional and ultra vires pending the determination of the motion on notice.‬

‪An order of interim injunction restraining the first and seven defendants, whether by themselves or their agencies/privies, from illegally carrying out legislative functions to wit, making laws or transacting business as legislators of the Ekiti State House of Assembly, pending the hearing and determination of the motion on notice.‬

‪They also want an order of interim injunction restraining the 12th, 13th and 14th defendants whether by themselves or by their agencies/privies, from parading themselves as commissioners of the Ekiti State Government or transacting any business in furtherance of any assignment by the Governor of Ekiti state, or his agencies/privies relating to any business of the Ekiti State Government, and in particular, as regards dealing with third parties in the said capacity as same is illegal, ultra vires, null and void and of no effect, pending the hearing and determination of the motion on notice.‬

‪An order of interim injunction restraining the eight defendant, that is Governor Fayose, whether by himself, his agencies/privies from generally interfering in any manner with the legislative functions of the plaintiffs and particularly from recognising, dealing, associating or relating with or assigning duties or responsibilities that would validate the illegal assumption of duties of the 12th, 13th and 14th defendants as competent commissioners of Ekiti State Government as same would constitute an infraction on the constitutional exercise of the legislative powers of the House of Assembly of Ekiti State.‬

‪And an order of interim injunction restraining the ninth, tenth and eleventh defendants and their contingents, servants or privies from exercising powers against the plaintiffs and their assigns or privies, other than the lawful operational use of their powers as to interrupt, retard or otherwise interfere with the constitutional exercise of the
legislative functions of the plaintiffs within the premises of the Ekiti State House of Assembly Quarters‬

‪Also an order of mandatory injunction compelling the defendants to grant to the plaintiffs unfettered access to their legislative quarters, and or official quarters, in order to carry out their constitutionally bestowed duties as Speaker, Deputy Speaker and respective capacities within the Ekiti State House of Assembly, and to forthwith restore the rights, privileges and paraphernalia of their respective offices in accordance with their constitutional rights and mandate.‬

‪It will be recalled that Hon. Adewale Omirin and his Deputy, Hon.
Adetunji Orisalade were impeached by seven PDP Lawmakers on November 20, 2014, on the floor of the House.‬

Source:http://www.nationaldailyng.com/news/latest-news/3864-ekiti-assembly-s-crisis-court-strikes-out-apc-lawmakers-suit-against-fayose-others

my HERO is alway on point.
FAYOSE is a real politician and one man squard.









FAYOSE jack bauer of PDP

Kodus to fayose and best of luck

Hmmmmmmmm.




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