Impeachment: Fayose Asks Court To Dismiss Ekiti APC Lawmakers’ Suit

Impeachment: Fayose Asks Court To Dismiss Ekiti APC Lawmakers’ Suit

The governor of Ekiti State, Ayodele Fayose on Tuesday asked a Federal High Court in Lagos to dismiss the case filed by the factional, Speaker of the State House of Assembly, Adewale Omirin, over his removal from office.

The governor in a preliminary objection  to the suit argued that the court lacks both subject matter and territorial jurisdiction over the case whose subject matter emanated from Ekiti State.

Fayose and other defendants in the case also insisted that having instituted a similar case in Abuja, the plaintiffs’ case before the court amounted to an abuse of court processes.

It would be recalled that the embattled Speaker and his deputy, Adetunji Orisalade, had initiated the suit, challenging their purported impeachment on November 20, 2014 by seven members of the State House of Assembly  of the Peoples Democratic Party (PDP).

Other plaintiffs in the matter are the 17 other All Progressives Congress (APC) members of the Ekiti State House of Assembly.

While Inspector-General of Police Suleiman Abba, the Department of State Security Services (DSS), and the new “Speaker” Dele Olugbemi are among the respondents.

The plaintiffs, in their originating summons, are praying the court to declare that Omirin and his deputy are entitled to occupy their offices except removed by the Assembly’s two-third majority votes.

They are also seeking a declaration that Fayose’s alleged attempt to force them to join the PDP and denounce the All Progressives Congress (APC) is against their constitution right to freedom of association.

They are praying the court to hold that Olugbemi’s election as Speaker is illegal, and all deliberations and actions of the seven lawmakers are invalid.

But the defendants preliminary through their counsel, Dele Adesina (SAN), submitted that, “The cause of action which gave rise to this matter as revealed by the originating summons and other processes filed by the applicants/respondents took place in Ado-Ekiti, Ekiti State.
“This honourable court lacks both subject-matter and territorial jurisdiction to entertain the suit.

“The suit, as presently constituted, is incurably defective and grossly incompetent. Consequently, this honourable court cannot sit over an incompetent suit.”

While insisting that he could not be sued outside Ekiti State where the cause of action took place, Fayose argued further that the court papers served on him were not duly signed by a judge as required by law and therefore was of no moment.

Justice Saliu Saidu  has adjourned the case till March 25 to hear the preliminary objection.

Source: Leadership News