Governor Ayodele Fayose of Ekiti has withdrawn the suit seeking to stop the All Progressive Congress’ members of the Ekiti State House of Assembly from impeaching him and his deputy, Kolapo Olusola.
Governor,Fayose and Olusola through their counsel, Ahmed Raji, had approached the court few week ago, requesting that the court should stop the impeachment moves against the governor.
At the resumed hearing on Wednesday, Mr Raji informed the court of his clients intention to withdraw the case.
The trial judge, Justice Ahmed Mohammed, consequently struck out the case.
He, however, did not give any reason for the withdrawal.
However, a fresh suit on the issue filed by the Peoples Democratic Party (PDP) members of the State House of Assembly is still pending before Justice Evoh Chukwu of the same Federal High Court.
The Court of Appeal in Abuja has set aside the judgments of the Federal High Court, Abuja which upheld the Ejike Oguebego-led Executive Committee as the true leadership of the Peoples Democratic Party (PDP) in Anambra State.
The appellate court also set aside the Federal High Court’s decision which on thursday voided the Colonel Augustine Akobundo-led caretaker/ad-hoc committee established by the Peoples Democratic Party (PDP) to run the affairs of its Anambra chapter and restrained the Independent National Electoral Commission (INEC) from accepting the list of candidates that emanated from the primaries conducted by the caretaker committee.
The court, in two unanimous judgments, upheld the two appeals filed by the PDP and a chieftain of the party, Chukwudi Okasia against the December 5, 2014 judgments by Justice Evoh Chukwu of the Federal High Court, Abuja.
By the judgments on Thursday, all the candidates produced in the primaries held by the Oguebego-led Exco of the Anambra PDP would no longer be acceptable to INEC until the Supreme Court decides otherwise.
The Court of Appeal having set aside both judgments by the lower court, struck out the suits on which the judgments were given on the ground that the Federal High Court lacked the jurisdiction to entertain the suit which bordered on the party’s internal affairs.
The appellate court, which queried the locus standi of Oguebego and Chucks Okoye, who claimed the Chairman and Secretary of the Anambra chapter of the PDP, held that by virtue of a March 17, 2012 judgment by Justice Kekemeke of the High Court of the Federal Capital Territory (FCT), Oguebego and Okoye were not members of the party’s Exco because the judgment annulled the election from which they purportedly emerged.
The Court of Appeal further held that the suits on which the Justice Chukwu’s judgments were based were not only an abuse of court process, but were wrongly commenced via originating summons.
The court held that it ought to have been commenced with writ of summons as there were needs for parties to call witnesses.
The Federal High Court Abuja has ordered the Independent National Electoral Commission (INEC) to only recognise the list of candidates that emerged from the ward delegates congresses of November 24 in 351 wards in Oyo State.
At a ruling on Friday the court stated that any other list of delegates for the Peoples Democratic Party (PDP) primary elections in Oyo State for the selection of candidates of the State House of Assembly and Governor.
Delivering judgment in an originating summons filed by Adelowo Ademola against PDP, Justice Evoh Chukwu ordered the ruling party and the electoral body not to recognise any the list, except the one marked as exhibit G before the court.
The court declared a nullity any primary election of the party conducted with delegates other than those who emerged from the Ward delegate congresses held in all the 351 wards of Oyo State on November 24.
The Court also restrained the defendants from using any other delegates other than those who emerged victorious at the said congress for the selection of candidates for the offices of State House of Assembly and Governor of Oyo state.
The plaintiff, among other things, sought the determination of the court on, “whether having regards to the Electoral Act, 2010, provisions of the constitution and the PDP electoral guidelines for primary elections, any delegate other than three-man ad-hoc delegate who emerged victorious at the ward delegates congress held on November 24, 2014 is eligible to vote at the party primary elections to nominate candidates for the 2015 State of Assembly, National Assembly and Governorship elections in Oyo state”.