Governor Ayo Fayose of Ekiti State, has challenged the jurisdiction of a Federal High Court sitting in Lagos to hear the suit against him and others by embattled Ekiti State House of Assembly, Speaker Adewale Omirin and 18 other members.
Hon. Omirin
Hon. Omirin
The governor is contending in his objection, that he cannot be sued outside Ekiti State where the “cause of action” took place.
According to him, the court lacks the “territorial jurisdiction” to decide the case.
The plaintiffs are praying the court to nullify Omirin’s purported “impeachment” by seven Peoples Democratic Party, PDP, lawmakers for being unconstitutional. Other respondents in the suit are the Inspector-General of Police, Suleiman Abba, the Department of State Services, DSS, and the new Speaker, of the state House of Assembly, Dele Olugbemi. Olugbemi’s loyalists, namely; Samuel Ajibola, Adeojo Alexander, Adeloye Adeyinka, Isreal Ajiboye, Fatunbi Olajide, Olayinka Abeni, and the Commissioner of Police in Ekiti State, the three commissioners cleared by the House under Olugbemi – Owoseni Ajayi (Attorney-General), Kayode Eso (Commissioner for Works) and Toyin Ojo (Commissioner for Finance) as other respondents in the suit. The plaintiffs in the suit are praying the court to declare that Omirin and his deputy were entitled to occupy their offices except removed by the Assembly’s two-third majority votes. They further want the court to also declare that Fayose’s alleged attempt to force them to join the PDP and denounce the All Progressives Congress, APC, was against their constitutional 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 Fayose, in a preliminary objection by the three “commissioners” (12th to 14th respondents), is praying for an order striking out or dismissing the suit in its entirety for lack of jurisdiction. “The suit as presently constituted is incurably defective and grossly incompetent. Consequently, this Honourable court cannot sit over an incompetent suit,” he said. Besides, the governor said the action was not filed through due process as it was not signed by a judge as required by law. “This court lacks both subject-matter and territorial jurisdiction to entertain the suit,” the respondents said. Justice Saliu Saidu adjourned till March 25, for hearing of the preliminary objection.
The plaintiffs are praying the court to nullify Omirin’s purported “impeachment” by seven Peoples Democratic Party, PDP, lawmakers for being unconstitutional. Other respondents in the suit are the Inspector-General of Police, Suleiman Abba, the Department of State Services, DSS, and the new Speaker, of the state House of Assembly, Dele Olugbemi. Olugbemi’s loyalists, namely; Samuel Ajibola, Adeojo Alexander, Adeloye Adeyinka, Isreal Ajiboye, Fatunbi Olajide, Olayinka Abeni, and the Commissioner of Police in Ekiti State, the three commissioners cleared by the House under Olugbemi – Owoseni Ajayi (Attorney-General), Kayode Eso (Commissioner for Works) and Toyin Ojo (Commissioner for Finance) as other respondents in the suit. The plaintiffs in the suit are praying the court to declare that Omirin and his deputy were entitled to occupy their offices except removed by the Assembly’s two-third majority votes. They further want the court to also declare that Fayose’s alleged attempt to force them to join the PDP and denounce the All Progressives Congress, APC, was against their constitutional 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 Fayose, in a preliminary objection by the three “commissioners” (12th to 14th respondents), is praying for an order striking out or dismissing the suit in its entirety for lack of jurisdiction. “The suit as presently constituted is incurably defective and grossly incompetent. Consequently, this Honourable court cannot sit over an incompetent suit,” he said. Besides, the governor said the action was not filed through due process as it was not signed by a judge as required by law. “This court lacks both subject-matter and territorial jurisdiction to entertain the suit,” the respondents said. Justice Saliu Saidu adjourned till March 25, for hearing of the preliminary objection.
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