….seeks dissolution of panel
via Rotimi Ojomoyela
Ado-Ekiti- instant previous Governor of Ekiti State and Minister of Mines and steel building, Dr Kayode Fayemi, has approached an Ado-Ekiti high courtroom for an injunction to restrain the state executive and the the Judicial fee of enquiry from probing his administration.
The Minister, in the suit quantity HAD/fifty seven/2017, is asking the court docket to restrain the state governor, the state’s legal professional-normal and contributors of the judicial commission of enquiry from taking any step, following the pendency of two cases on the planned probe in courts of able jurisdiction. also joined within the swimsuit filed via the guidance to the Minister, Chief Rafiu O. Balogun, are the Ekiti State home of meeting and Speaker of the house of assembly.
Dr Fayemi is also in quest of a declaration that the movement and subsequent decision of Ekiti State home of assembly directing the governor (first defendant) to arrange a judicial commission of enquiry to analyze or probe his administration are illegal, illegal and must be declared null and void, in view of the very fact the resolution used to be passed all the way through the pendency of a case involving him and the Ekiti State home of meeting and its speaker, which touched on the legality of the summons and powers of the assembly to habits any investigation or direct some other particular person or physique to take action without strict compliance with the tenets of the 1999 constitution.
He averred that the Ekiti State home of assembly acted in flagrant contravention of the concept of separation of powers and had dedicated a fundamental breach of the Standing Order of the home of assembly and doctrine of subjudice by means of revisiting the issue of investigation of his administration and passing a resolution for the putting in place of a judicial commission of enquiries with terms and reference that would prejudice the result of the case between him and the home of meeting and its speaker.
Dr Fayemi can also be in search of a statement that the home of meeting cannot exercise its energy under section 128 of the 1999 constitution, to direct Ekiti State Governor to arrange a judicial commission of enquiry to research his administration while the house had prior carried out its investigation and submitted its report to the commercial and monetary Crimes commission (EFCC) urging the anti- graft body to further behavior discreet investigation and prosecute him and some officers of his administration.
other declarations being sought by using Dr Fayemi are: “That the setting up of the panel after the conclusion of its investigation with the aid of the home of meeting to allegations of economic malpractices and the submission of comparable to the EFCC would quantity to oppression, double jeopardy and a clear abuse of legislative power.
“A declaration that the house of assembly can’t exercise its constitutional proper to direct or cause the Governor of Ekiti State to represent a judicial commission of enquiry to research the plaintiff when the prerequisites precedent for the train of such powers, as enshrined in the structure, have not been fulfilled via the assembly.
additionally being sought from the courtroom are declarations that the Judicial fee of enquiry arrange by way of Governor Fayose used to be no longer correctly constituted because the chairman, secretary and different participants of the commission can’t be apolitical, impartial or impartial because of their affinity with the governor of Ekiti state, “which due to this fact put the independence and impartiality of the panel into severe mistrust.”
moreover, Dr Fayemi is seeking an order of the courtroom nullifying the decision of the Ekiti State home of meeting of may just tenth directing the governor to constitute the panel of enquiry.
he’s also urging the court docket to supply an order dissolving the fee of enquiry constituted and inaugurated by means of the Governor, appearing on the resolution of the state home of assembly as well as an award of N500 million as common damages to be paid with the aid of the first, 1/3 and fourth respondents (i.e.the Governor, Ekiti State home of meeting and the Speaker of the meeting) for the embarrassment , odium and public ridicule the purported resolution of the home had caused him.
apart this, Fayemi is also in quest of from the court, a perpetual injunction restraining the home of assembly from passing an identical resolution and the Governor of the state from constituting any other judicial commission of enquiry or administrative panel as the problems in terms of the funds of the his administration were submitted earlier than the EFCC and pending ahead of two courts of competent jurisdiction for adjudication.
the former governor, in the assisting affidavit he for my part deposed to, mentioned he knew that the resolution of the house summoning him to seem sooner than it and subsequent resolution of the house to problem a bench warrant of arrest in opposition to him have been carried out in bad faith.
“It was a calculated try to embarrass me and undermine the effect of my libel go well with pending sooner than the Federal Capital territory high courtroom in Abuja.” Dr Fayemi mentioned that he was once definite that the chairman of the fee, the secretary and all different participants of the commission are cronies and stooges of Governor Fayose and had been appointed to act a script already prepared by their appointing authority, as touted through Mr Lere Olayinka and Dr Samuel Omotosho ahead of the structure of the fee of enquiry.
“there is no manner justice can be performed with the crop of personalities within the commission of Enquiry and the right to honest hearing can’t be assured in the best way and method the fee used to be constituted”, he added.
“i’ve a motive to believe that the Chairman of the fee, a retired decide has an axe to grind with me as a result of no longer acceding to his ambition to be appointed as Chief judge of Ekiti State during my tenure as governor. that is along with his clear partisanship and overt make stronger for the Peoples Democratic birthday celebration ( PDP).
“i do know that the secretary to the commission is the incumbent Director of Public Prosecution, Ekiti State. He was once appointed and multiplied to that place with the aid of Governor Fayose. The information to the commission, Mr S.B.J Bamise can be a state assistance, who certainly, cannot be fair nor be depended on to be unbiased. he is under the keep watch over of legal professional normal, Ekiti State.
“Mr Vincent Omodara, a former Director of Finance and Administration (DFA) used to be appointed as government Secretary by way of the Governor, an workplace that is unknown to the civil service, as a result of private relationship and to make him comfortably on hand for such hatchet jobs like this purported commission of enquiry.
“i know that Chief magistrate Idowu Ayenimo isn’t completely different from the Chairman of the commission. many of the felony cases involving APC contributors that had been fabricated and conjured are being filed in his court docket and has denied APC individuals bail even in cases the place he must exercise his discretion in favour of the accused persons after they were arraigned on trump up costs.
“Blessing Oladele defected from APC to PDP, so he’s prepared to be used to achieve their political vendetta, to settle rankings with me and taint my excellent report and impeccable persona for no just cause.
“I strongly consider that the sanctity of the judiciary because the remaining hope of the common man ought to be guarded jealously and this can be achieved provided that the purported commission of enquiry, constituted when there are pending circumstances associated to the issues, is dissolved through the order of this honourable court docket within the passion of rule of law and strict adherence to the age lengthy concept of separation of powers.”, Fayemi introduced.