Fayose Impeachment: Court Fixes June 5 For Suit Challenging Jurisdiction

FayoseA Federal High Court in Abuja has reserved ruling till June 5 to decide whether it has jurisdiction in a suit filed by the Peoples Democratic Party faction of the Ekiti State House of Assembly challenging the planned impeachment of Governor Ayo Fayose.

Lawyer to the All Progressives Congress (APC) in the Ekiti State House of Assembly had challenged the jurisdiction of the court to hear the suit on the grounds that it is an abuse of court process.

At the resumed hearing of the suit, the All Progressives Congress (APC) questioned the jurisdiction of the court to hear the suit because a similar suit had been filled in another court as such it would amount to an abuse of court processes.

However, the lawyer to the Peoples Democratic Party (PDP), who opposed the application, asked the court to alternatively transfer the case to the Ekiti State division of the Federal High Court so that all the parties can have their day in court.

When asked if the case would not be futile because the seventh assembly is winding down already, Counsel to APC, Terrence Vembe, said that the legislators are free to go ahead with the case.

“We are concerned with what is going on in court here. I’m not in Ekiti, I’ve not been there for a very long time. I only know about what is going on in the court.

“The legislators are very free as air to go ahead with what they are doing (because) in the first place they are not under any obligation to obey an order of a court that does not have jurisdiction.”

However, Counsel to the PDP, Ahmed Raji, was of the view that once the new parliament comes in they may have to reconsider their stance as to whether or not to go on with the matter.

“The whole idea is to forestall an illegal impeachment, an unconstitutional impeachment, an unlawful one for that matter.

“If that threat is no longer there, the rightful thing to do is to discontinue the suit,” he said.

For now, observers are watching the outcome of this and similar suits which bothered on the impeachment of Governor Ayo Fayose.

Fayose Impeachment: Lawmakers Question Court’s Jurisdiction To Hear Case

Court JusticeThe All Progressive Congress (APC), factional speaker of the Ekiti State House of Assembly, Mr Adewale Omirin has challenged the jurisdiction of the court to hear a suit filed by the Peoples Democratic Party (PDP) faction of the Ekiti State House of Assembly challenging the attempt to impeach Governor Ayodele Fayose of Ekiti State.

Counsel to the APC-faction of the Ekiti State Assembly, Mr Terrence Vembe told the court that the applicants did not properly seek the leave of the court to file the suit as such the suit cannot be heard.

However, Counsel to the applicants, Mr Ahmed Raji opposed the application, saying Mr Vembe did not properly file a notice of appearance to the court as such he has no right to address the court or even challenge the jurisdiction of the court.

Having heard all parties, trial judge, Justice Evoh Chukwu asked all parties to exchange documents on the question of the court’s jurisdiction.

He however ordered all parties to maintain status quo, as previously ordered by the court, until the next adjourned date.

The case has been adjourned to the May 21, 2015 for the court to decide if it has jurisdiction to hear the case.

Court Refuses Order Of Stay Of Proceedings In Ekiti Assembly

fayoseA Federal High Court in Abuja has refused an application asking that the status quo be maintained in a suit seeking to set aside the notice of impeachment served on Governor Ayodele Fayose and his deputy for alleged misconduct.

At the resumed hearing of a suit filed by the PDP lawmakers, lawyer to the APC-led factional speaker, Mr Terrence Vembe, told the court that even though he was ready to challenge the motion, the court should take judicial notice that the said application was served on a public holiday and as such, he was still within time to argue his case.

The court agreed with the counsel to the plaintiff that such an application could not be made orally.

The court also refused an order by the counsel to the plaintiff, Mr Ahmed Raji, asking that all parties in the suit maintain status quo pending a decision on the application.

It advised parties in the case to approach the court, should any of them feel aggrieved by an action prejudicial to the case.

The court adjourned to April 29 for all defendants in the suit to show cause why the orders sought by the Peoples Democratic Party faction of the Ekiti State House of Assembly to stop the impeachment of Governor Ayodele Fayose should not be granted.

Nineteen Members of the Ekiti State House of Assembly had served impeachment notice on Governor Fayose and his deputy for alleged gross misconduct and interference in the running of the state assembly.