Fayose's Impeachment: Court Summons Omirin, Ekiti Chief Judge, IG, Others...Warns Parties Against Contempt

Justice Ahmed Mohammed of a Federal High Court sitting Abuja on Thursday told parties in the suit filed to stop the impeachment Governor Ayodele Fayose of Ekiti State to be mindful of the steps they take since they have subjected themselves before the court in the matter.

The trial judge also cautioned them to steer clear of any action that could cause trouble or chaos in the state.
The court fixed April 29 for the hearing of the suit seeking to stop the All Progressive Congress (APC) members of the Ekiti state House of Assembly from impeaching Governor Ayodele Fayose and his deputy, Kolapo Olusola.

He further stated any party that discover that the other is making moves to forment trouble should bring an application before the court.
The plaintiffs, Speaker of the House of Assembly (described as being occupied by the Peoples Democratic Party factional Speaker, Olugbemi Joseph Dele); Ekiti State House of Assembly, Fayose and Olusola through their counsel Ahmed Raji SAN had approached the court via a motion ex-parte seeking to halt impeachment moves against the governor.

‎At the last adjourned date, the court ordered defendants in the suit, the APC factional Speaker of the House of ‎Assembly, Adewale Omirin, and the Chief Judge of the state, Justice Ayodeji Daramola to appear before it and show cause why the plaintiffs request should not be granted.
During yesterday’s proceedings, the plaintiff’s counsel informed the court that the defendants has not filed any process.

Defendants’ counsel, Terence Venber, told the court that his clients were served last Saturday which was an election day and therefore, are still within time as provided by the rules of court to respond.
In a short ruling, the court noted that since April 11 was an election day, it would be deemed to be a public holiday and the service of the process will take effect from the next working day, from which the three days provided by the court rule will start counting.

It was on that note that court adjourned to enable the defendants file and serve their response.

Apart from Omirin and Justice Daramola, other defendants in the suit are the Inspector General of Police, Mr. Suleiman Abba, and the Independent National Electoral Commission.

‎In the ex-parte application, the plaintiffs had urged the court to grant the interim injunction setting aside the impeachment notice already served on the governor and the deputy and also restraining the defendants from taking any further steps in the impeachment moves.

They also argued that the act by Omirin to issue an impeachment notice and serve same on the governor and the deputy governor as Speaker of the House of Assembly amounted to ‎impersonating the incumbent Speaker.

The plaintiffs also urged the court to grant the prayers and make the interim injunctions to subsist pending the determination of their motion on notice for interlocutory injunctions seeking the same set of prayers.

Raji urged the court to grant the prayers “in the interest of justice, public order, peace and safety of the people of the state”.

‎However, the judge in his ruling ordered the parties to appear in court to convince the court why the plaintiffs’ prayers for interim injunction should not be granted.

According to the judge, “The order is hereby made directing the 1st to 4th defendants (Omirin, IGP, INEC and Ekiti CJ), ‎to appear before this court on April 16, 2015 and show cause why the interim order sought by the plaintiffs via an ex parte motion dated April 7, 2015 should not be made by this court.”

‎The court also granted leave to serve Omirin and Justice Daramola, who reside in Ekiti State, outside jurisdiction.
It also ordered that Omirin and the Ekiti State Chief Judge be served through advertisement in a national newspaper.

It also made a separate order that the Chief Judge be served with processes of court through the office of the Chief Registrar of of the Ekiti State High Court.

In the main suit, marked FHC/ABJ/CS/302/2015, ‎the plaintiffs are seeking nine prayers among which is “an order setting aside the purported notice of impeachment and all steps taken by the 1st defendant (Omirin) with other errant members of the 2nd plaintiff (Ekiti State House of Assembly) in relation to the purported issuance and service of the said notice of impeachment for the purpose of commencing and concluding the impeachment proceedings against Peter Ayodele Fayose and Dr. Olusola Kolapo, except and until there is absolute compliance with provisions of section 36(1) and section 188(1), (2), (3) and (4) of the 1999 Constitution (as amended).”

They also want an order prohibiting the 1st defendant (Omirin) and other errant members of the 2nd plaintiff (Ekiti State House of Assembly) from further taking any step, or engaging in unlawful activities relating to the impeachment of Peter Ayodele Fayose and Dr. Olusola Kolapo, except and until there is absolute compliance with provisions of section 36(1) and section 188(1), (2), (3) and (4) of the 1999 Constitution (as amended).

In addition, the plaintiffs want an order prohibiting the Chief Judge of Ekiti State from taking any step or action in relation to the request of the 1st defendant (Omirin) for the purpose of appointing a panel of seven persons to investigate and purported allegations of gros misconduct against Peter Ayodele Fayose and Dr. Olusola Kolapo, except and until there is absolute compliance with provisions of section 36(1) and section 188(1), (2), (3) and (4) of the 1999 C(as amended)