Ekiti: Fayose appeals court ruling

Ado-Ekiti—Ekiti State governor-elect, Mr Ayodele Fayose, has appealed the ruling of an Ado Ekiti High Court which dismissed his earlier application challenging the jurisdictional power of the court to try him for non-qualification to partake in the June 21 governorship election.

Ekiti state Governor Elect, Mr Ayodele Fayose addressing the press over his victory at the poll, Sunday.

This came as scores of youths, market women, groups and  associations stormed the premises of the state high court yesterday, condemning the socio-political group, E-Eleven, which dragged the governor-elect to court.

In the  Notice of  Appeal filed in the Court of Appeal in the Ado Ekiti Judicial Division, in the suit number HAD/51/2014 and deposed to by his lead counsel, Ahmed Raji, SAN, Fayose averred that the presiding judge, Justice Segun Ogunyemi, erred in law to have overruled the preliminary objection of the appellant and assumed jurisdiction to hear the case.

He noted that the appellant, pursuant to Order 17, Rule 16 of the Ekiti State High Court(Civil Procedure Rules) 2011, had 14 days within which to file and serve a counter-affidavit to the originating summons

The  appellant further submitted that the learned trial judge erred in law to have held that he had become functus officio and could not, therefore, set aside a ruling granted ex-parte, noting that the learned trial judge was not functus officio over an order granted ex-parte

Fayose in his appeal, further noted that the ruling of the learned trial judge was against the principle of fair hearing, adding that it would foreclose the filing of defence of the appellant to the originating summons which was, according to him, awaiting extension of time within which to do so.

He, therefore, sought from the court an order allowing the appeal,an order setting aside the ex-parte order of the lower court made on June 6, 2014, abridging the time within which the appellant was to file and serve a counter-affidavit to the originating summons.

The notice equally sought an order setting aside the interlocutory ruling of the lower court delivered on September 22,2014, and an order extending time within which the appellants might file their counter-affidavit and other relevant processes in defence of the action

Joined in the suit are Mr Adeniyi Ajakaiye, Mr Olufemi Ajayi, Peoples Democratic Party and the Independent National Electoral Commission.

Addressing journalists on behalf of the placard-carrying protesters, Mr Joel Ogunmodede, said it would be a great disservice to Ekiti to thwart the mandate freely given to Fayose in the June 21 governorship election over frivolous allegations

The protesters, who expressed anger at the action of the litigants, said there was a subterranean efforts being allegedly made by some top government officials, in connivance with some people to scuttle Fayose’s swearing-in on October 16, saying Ekiti people would resist such action.

Ogunmodede described the litigants’ action as an attempt to steal the mandate of the people and plunge Ekiti into crisis for possible declaration of a state of emergency .

“This protest is going to be a continuous one. We are not going to rest until se see that justice will be done in this case. There was an election and Fayose won in all the 16 local government areas. So, what we are expecting now is Fayose’s being sworn-in as the governor of Ekiti State.

“We suspected that the Judge has compromised. How can you start a case in a day and expect that all processes should be filed in a day and case argued and for the judgement to come the second day. This is not done anywhere and we will not allow this judicial robbery to happen in Ekiti,” he said.

Meanwhile, the Nigerian Bar Association, NBA, in Ekiti State yesterday absolved its members from Monday’s invasion of an Ado Ekiti High Court by suspected political thugs and condemned the invasion of the court room by some hoodlums

Read more: http://www.vanguardngr.com/2014/09/ekiti-guber-fayose-appeals-court-ruling/