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Tuesday 10 February 2015

Ekiti Polls: Appeal Court Reserves Judgment against Fayose


A court of Appeal Sitting in Ado Ekiti has reserved judgment over an appeal suit filed before it by the Ekiti State All Progressives congress against Peoples Democratic Parties Governor Ayo Fayose.
The appeal is challenging the victory of Governor Ayo Fayose in the elections held in Ekiti state on June 21, 2014.
Recall that the Ekiti state election petitions tribunal on December 19, 2014 dismissed a petition brought before it by Dr. Kayode Fayemi, praying that Fayose was not qualified to contest the election having been impeached as the governor of the state in 2006 among others.

The court having dismissed Fayose's petition, upheld Fayose’s election.
At yesterday’s sitting at the Court of Appeal, the five-man panel led by Justice Abdu Aboki after hearing submissions of both parties adjourned for judgment In the APC appeal, respondents are Peoples Democratic Party (1st), Fayose (2nd), Independent National Electoral Commission (3rd), Chief of Army Staff (4th) and Inspector General of Police (5th).
Grounds of APC’s appeal are that he, Fayose was not qualified to stand election as a candidate by virtue of his purported impeachment from office on 16th October 2006.
Others are the alleged forgery of academic certificates and violation of Code of Conduct Rules.
In the suit, counsel to APC, Hakeem Afolabi (SAN) had adopted and relied on all briefs filed on behalf of the Appellants (APC) in the proceedings urging the Court to allow the appeal and grant all the reliefs sought by the appellants.
The counsel called the attention of the tribunal to to the striking out of paragraphs 110-120 and 125a of the petition by the lower tribunal which borders on Fayose’s qualification.
Afolabi pointed out that the reason given by the Lower Tribunal cannot stand under Section 138 (a) of the Electoral Act.
The legal practitioner added that there was no time limit to raise an issue that borders on qualification of a candidate. He further pointed out that the decision of the tribunal was taken suo moto and that the right to fair hearing of the Appellants was breached.
Counsel to PDP, Robert Emukpoeruo kicked against Afolabi’s submission, arguing that not only did he tribunal strike out the paragraphs in contention, it also considered the merit of the complaints of the appellants.
Fayose’s counsel, Yusuf Ali (SAN) urged the court to dismiss the APC appeal.
According to Alli, the constitution of the panel that recommended Fayose’s impeachment had violated constitutional provisions as it was not set up by either a Chief Judge or an Acting Chief Judge citing Nwakama v Abaribe 2010 All Federation Weekly Law Report pt 505 1767at 1789-1790 para f-e.
Alli further disclosed that the petitioner who lost in the 16 local government areas only called 11 witnesses six of which came from Ado- alone and
did not call witnesses in the other 10 LGAs.
He therefore urged the Court to dismiss the appeal for lacking merit.
INEC counsel, Wilcox Abereton; counsel to the Chief of Army Staff, Abayomi Sadiku and counsel to Inspector General, Olusola Oke in adopting their
briefs of argument urged the court to dismiss the appeal.
After the submissions of counsels to all parties, chairman of the panel, Justice Aboki reserved judgment in the appeal. No date has been fixed for the judgment.
Mr. Fayose, the Peoples Democratic Party, PDP, candidate emerged winner in the Ekiti state June 21, Governorship polls, having defeated Dr. Kayode Fayemi of APC in all the 16 local councils of the state.
However, a damning audio record emerged during the weekend, indicating that top shots of the Peoples Democratic Party connived with the military to rig Fayose in.
While Mr. Fayose and former Minister of state for defence who were both indicted in the audio have since denied complicity in the matter, police affairs minister has admitted to the audio recording but downplayed the criminal nature of the act.

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