Justice Nnamdi Dimgba okayed hearing on the suit marked HC/ABJ/CS/663/18, lodged before the court by a chieftain of the All Progressives Congress, APC, in the state, Chief Segun Oni.
Oni, who came second in APC’s governorship primary election in Ekiti State, is contending that Fayemi was not legally qualified to take part in the contest having failed to firstly resign his position in President Muhammadu Buhari’s cabinet.
Recall that Fayemi won the party’s primary poll on May 12, while as the Minister of Mines and Steel Development.
Fayemi officially resigned the position on May 30, about 18 days after he clinched the APC governorship ticket with a total of 941 votes as against 481 votes polled by Oni.
Meanwhile, in the suit he lodged shortly after the primary, Oni argued that Fayemi ought to have relinquished his ministerial position at least 30 days to the primary poll.
He is urging the court to among other things, determine whether or not Fayemi’s action was not in gross violation of the 1999 Constitution, as amended, as well as APC guidelines.
Aside Fayemi and APC, the Independent National Electoral Commission, INEC, was equally joined as defendants in the suit.
At the resumed sitting yesterday, Oni’s lawyer, Mr. Anthony Adeniyi told the court that his client has complied with the order for substituted service on the Defendants.
On his part, Fayemi’s lawyer, Mr. Rafiu Balogun told the court that his client was just served with the processes and needed time to file his response.
He said his client’s response would be filed before the next adjourned date.
Meantime, Oni secured leave of the court to amend his Originating Process.
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