Ekiti State Governor Ayo Fayose and his deputy, Olusola
Kolapo, yesterday lost the bid to stop moves for their impeachment.
A Federal High Court in Abuja rejected their prayers for
interim orders restraining House of Assembly Speaker Adewale Omirin and other
All Progressives Congress (APC) lawmakers, the Chief Judge, Justice Ayodeji
Daramola and others from proceeding with the impeachment plot.
Justice Ahmed Mohammed, in a ruling on their motion
ex-parte, granted them leave for substituted services of all processes in
relation to the suit, on the defendants.
The plaintiffs include Joseph Dele Olugbemi (who claimed to
be Speaker), the House of Assembly,
Fayose and Kolapo.
Listed as defendants are Omirin, the inspector general of
Police (IGP), Independent National Electoral Commission (INEC) and the chief
judge
The plaintiffs’ lawyer, Ahmed Raji, while moving the
ex-parte motion yesterday, argued that since Omirin was in court challenging
his impeachment, he could not act under any guise as Speaker, while Olugbemi
was acting in his place.
“The gravamen of our complaint is that a former Speaker (in
the person of the first defendant) is trying to impersonate the first plaintiff
(Dele), who is the Speaker by holding himself out as the Speaker.
“We urge the court to grant our prayers as contained in the
motion in the name of public order, peace and safety of the people of Ekiti
State,” Raji said.
He drew the judge’s attention to a newspaper publication
that one person had been killed since the move to impeach the governor and his
deputy began.
Justice Mohammed granted prayers one to four of the eight
prayers contained in the ex-parte motion.
He ordered that court processes be served on Omirin and the
chief judge through substituted means; by newspaper advertisement.
The judge also ordered that the chief judge be served
through the chief registrar of the Ekiti High Court.
The judge refused the fifth to eight prayers, which were the
plaintiffs’ key prayers. They include:
•An order of injunction restraining the first defendant and
other errant members of the second plaintiff from taking any step or engaging
in unlawful activities relating to the impeachment of Peter Ayodele Fayose and
Dr. Kolapo Olusola as governor and deputy governor.
•An interim order of injunction restraining the chief judge
from taking any step or action in relation to the request of the first
defendant for the purpose of appointing a panel of seven persons to investigate
the purported allegations of gross misconduct against Peter Ayodele Fayose and
Kolapo Olusola.
•An interim order of injunction restraining the police from
continuing to abet, give cover, protection or lend credence to the activities
of the first defendant and other errant members of the second plaintiff for
self-help in disruption of legislative proceedings in the House of Assembly.
•An interim order of injunction setting aside the purported
notice of impeachment and the steps taken by the first defendant and other
errant members of the second plaintiff in relation to the purported issuance
and service of the notice of impeachment for the purpose of commencing and
concluding impeachment proceedings against Peter Ayodele Fayose and Dr. Kolapo
Olusola.
They intended that the prayers subsist pending the
determination of their motion on notice for similar interlocutory injunctions,
filed with the originating processes.
“Order is hereby made directing the first to fourth
defendants (Omirin, IGP, INEC and Ekiti CJ) to appear before this court on
April 16 and show cause why the interim order sought by the plaintiffs via an
ex parte motion, dated April 7, should not be made by this court.”
Justice Mohammed ordered that hearing notices be served on
the defendants and adjourned the matter till April 16.
The Nation
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