We’re Not Surprised Court Dismissed Suit Against Fayemi’s Candidacy in Ekiti July 14 Guber Election – Fayemi Campaign Organisation

The Kayode Fayemi Campaign Organisation has said it was not surprised at the judgment by an Abuja court, Tuesday, dismissing a lawsuit filed by a political party, seeking disqualification of the governorship candidate of the All Progressives Congress, Kayode Fayemi in the July 14 governorship election in the state, adding the panel set up by Ekiti Governor, Ayo Fayose that convicted him was not known to law.
A High Court of the Federal Capital Territory sitting at Bwari, Tuesday, dismissed the suit that sought to disqualify the former Minister of Mines and Solid Minerals from participating in the governorship election.
The court, in a judgment delivered by Justice Othman Musa, said there was no evidence that Fayemi was validly indicted by the Judicial Commission of Inquiry that Governor Ayodele Fayose constituted to probe his alleged involvement in illegal diversion of funds belonging to the state.
Justice Musa held that affidavit evidence before the court indicated that Fayemi was not accorded fair-hearing by the Justice Silas Bamidele Oyewole-led eight-man panel of Inquiry that eventually indicted him over alleged embezzlement and contract fraud.
The court held that the said indictment had no force of law, adding that the panel lacked the vires to bar Fayemi from contesting or holding public office for a period of 10 years.
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 in 2011 by the National Assembly through the first alteration of the 1999 Constitution.
He stressed that citizens could only be indicted by a court of law after fair trial, saying there was no evidence that Fayemi was invited as an accused person to defend corruption charges that were levelled against him before the panel.
The court held that Fayemi was merely invited as a witness to assist the panel with information, noting that after the panel dismissed Fayemi’s objection to the summon, he was not re-invited to appear as an accused person.
It held that Fayemi was not served with necessary processes that would have enabled him to defend himself. Consequently, Justice Musa dismissed the suit which African People’s Party, APP, filed to challenge Fayemi’s eligibility to contest the impending governorship poll in Ekiti State. He equally quashed the white paper that Ekiti State Commission of Inquiry issued against Fayemi. Other Defendants in the suit marked FCT/HC/BW/CV/57/2018, were the All Progressives Congress, APC, and the Ekiti State Government.
While Fayemi and APC filed joint objection to challenge the competence of the suit, Ekiti State government was not represented in the matter.
Reacting in Ado-Ekiti, Director of Media and Publicity, Kayode Fayemi Campaign Organisation, Wole Olujobi, said, “We are not surprised that this case was dismissed. We expected it because we believe that law still governs us in this country.
“Those who do not believe in the Nigerian law and administration of justice will always be disappointed by this kind of judgement.
“For example, besides the fact that the Supreme Court had ruled in several cases that no administrative panel or judicial commission can stop Nigerians from contesting elections except the courts of competent jurisdiction, the controversy surrounding the membership of Ekiti panel will, ordinarily, draw moral aspect of our legal system to dismiss the case based on the blatant injustice that characterised the entire hearings.
“Fayose packed PDP members and officials of his government over whom he exercises authority in a panel to probe his political opponent, thus making the panel to be an appendage of himself to abuse the administration of justice, which emphasises fair hearing.
“In this case, Fayose is both the accuser and the judge, which cannot serve the cause of justice. Fayose decided to write his own law setting up the panel, and the result is what we have seen today, which emphasises the supremacy of Nigerian law over and above a private edict of an individual in the administration of justice.
“By this judgment, the Nigerian judiciary has proven conclusively that Nigeria is not a jungle where lawless people can recklessly set their private standards to abuse the nation’s legal system.
“It is also a warning to those still battling in court on similar premise to have Dr. Fayemi disqualified from contesting the July 14 poll.
“The judgement is a victory for democracy and rule of law.”

Author: News Editor

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