The suit marked FHC/ABJ/CS/663/18, was lodged before the court by a Chieftain of the All Progressive Congress, APC, and former governor of the state, Mr. 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.
It will be recalled that Fayemi won the party’s primary poll on May 12, at a time he still held sway 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 that was polled by his closest rivalry, 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 urged 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 a Defendants in the suit.
Meanwhile, when the suit came up for hearing on Monday, Justice Quadri, said he was not disposed to continue the matter.
He said the Chief Judge had granted permission for the case-file to be transferred to Ado-Ekiti for adjudication.
Specifically, Oni had through his lawyer, Mr. Anthony Adeniyi, prayed the court to determine, “Whether by virtue of All Progressives Congress constitution and particularly Articles 2 and 5 of All Progressive Congress 2014 Guidelines for the nomination of candidates for public office as applicable to the A.P.C Governorship primaries conducted on the 12th May, 2018, the 1st Defendant being a serving member of the Federal Executive and Federal Minister of Solid Minerals, Mines and Steel Development having not resigned his appointment as a member of Federal Executive and Minister of Solid Mineral, Mines and Steel Development, at all or at least 30 days to the said primaries election of 12th May, 2018 was qualified to contest and participate in the said All Progressive Congress Governorship primaries of 12th May, 2018 as an aspirant in that election”.
As well as, “Whether by virtue of All Progressive Congress Constitution and particularly Articles 2 and 5 of All Progressive Congress 2014 Guidelines for the nomination of candidates for public office as applicable to the A.P.C Governorship primaries conducted on the 12th May, 2018, at Damilek Event Centre, Ado-Ekiti for the purpose of determining or nominating the 2nd Defendant candidate for the 12th July Ekiti State Governorship election, the 1st Defendant having being indicted by Rtd. Hon. Justice Oyewole Judicial Panel of Enquiry was qualified to contest and participate in the said All Progressives Congress Governorship primary of 12th May, 2018 as an aspirant in that election.”
He is among other things, seeking: “A declaration that the claimant (Oni) having scored 481 votes which is the majority of lawful and valid votes at the 2nd Defendant (APC) the 12th May, 2018 A.P.C Governorship primaries election for the purpose of determining the 2nd Defendant’s candidate for the 14th July 2018 election for the office of Governor Ekiti State is the person that was validly nominated by the 2nd Defendant for the 14th July, 2018 election for the office of Governor, Ekiti state.”
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