Ekiti Guber: FCT High Court clears Fayemi for governorship poll

Chukwudi Nweje

A Federal High Court, sitting in Bwari, yesterday cleared the way for the All Progressives Congress (APC), candidate, Dr. Kayode Fayemi, to contest in the July 14 governorship election in Ekiti State.

The court also quashed the report and White Paper of the Ekiti State Commission of Inquiry set up by Governor Ayodele Fayose, which indicted Fayemi and barred him from public office for a period of 10 years and dismissed the indictment as tainted with bias as it did not accord Fayemi fair hearing.

In the judgment delivered on Tuesday, in the case filed by Action Peoples Party (APP), challenging the eligibility of Fayemi, to contest the governorship poll, on the grounds that he was indicted by the commission of Inquiry, Justice O.A. Musa, dismissed the suit on the ground that it was without merit.

The judge noted that Section 182(1)(i) of the Constitution, on which the suit was based, was no longer in existence having been deleted by the National Assembly through the first alteration of the Constitution in 2011.

Justice Musa answered the two questions posed by the plaintiff in the negative, refused all its prayers and declared the Fayemi was eligible to contest the governorship election and that the APC was at liberty, under the law to field him as its candidate.

He agreed with Fayemi and the APC that the provisions of Section 182(1) (i) of the 1999 Constitution (as amended), having been repealed by the First Alteration to the 1999 Constitution of the Federal Republic of Nigeria left the plaintiff without a leg to stand on, since the basis of their case was the provision of section 182(1) (i) of the 1999 Constitution as amended which has ceased to exist.

The judge further held that the Supreme Court settled the matter in the celebrated cases of Atiku Vs AC and AMAECHI Vs. INEC, where the Supreme Court held that an indictment by the Commission of Inquiry or Administrative panel cannot stop a citizen of Nigeria to contest any election without been tried and convicted by a Court of competent jurisdiction.

“On the strength of this, the court held that since there is no record of conviction of Dr Fayemi before the Court, he is qualified to contest for the office of the Governor Ekiti State.

“The Court also found that by submitting its report without hearing Fayemi, the Judicial Commission of Inquiry negated the fundamental principle of fair hearing”, the judge ruled.

Fayemi’s counsel, Chief Rafiu Balogun, described the judgment as “a very sound judgment that met the justice of the case.” He said, “It is appalling that Ekiti State Government turned itself to a court of law and purportedly barred Dr. Fayemi for 10 years when he was only invited as a witness and never reinvited when his preliminary objection to challenge his appearance was dismissed.

The plaintiff had argued among others, that Fayemi’s indictment by the commission of inquiry set up to probe his administration, and the white paper issued by the state based on the indictment, had disqualified Fayemi from holding public office by virtue of Section 182(1)(i) of the Constitution.