Ekiti Gov Dispute: Court Dismissed Oni’s case against Fayemi, Says Minister is not a Public Servant

Emmanuel OgunremiDecember 10, 2018

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The Federal High Court sitting in Ado-Ekiti, the state capital has dismissed the case of the former governor Segun Oni’s who challenging Governor Kayode Fayemi’s eligibility to contest the primary election

Oni, who came second distant in APC’s governorship primary election in Ekiti State, is contending that Fayemi was not legally qualified to take part in the contest having failed to firstly resign his Minister position in President Muhammadu Buhari’s cabinet.

Recall that Fayemi won the party’s primary poll on May 12, while as the Minister of Mines and Steel Development.

Fayemi officially resigned the position on May 30, about 18 days after he clinched the APC governorship ticket with a total of 941 votes as against 481 votes polled by Oni.

Mr. Tony Adeniyi, the lead counsel to the claimant Segun Oni in last month (November) urged the court to favour Oni by granting his plea and direct the Independent National Electoral Commission to issue a certificate of return to his client and declare Fayemi as ineligible.

But Justice Uche Agomoh dismiss Oni application and strike out the matter

According to the Justice Uche Agomoh said Fayemi did not need to resign because he was an appointee of the president and not a civil servant.

He said a Minister of the Federal Republic of Nigeria is not a Public Servant.

Also, the motion on the preliminary objection of Fayemi dismissed, the court held that it has jurisdiction to entertain the suit as the motion is an abuse of court processes.

The Jugde said that the court has jurisdiction to entertain the suit as the motion is an abuse of court processes.

“That the jurisdiction of the Federal High Court in Nigeria is one, service outside jurisdiction means outside the country”

The claimant has locus standi to institute the action, being an aspirant and participated in the process.

He was said not to be in the categories of persons referred to as a public officer being a Minister.

Can only be solely referred to as public servant by Code of Conduct Bureau

That the white paper on reports of the panel of inquiry is not a charge and same cannot be read to be so.

INEC has no powers to reject candidate submitted the commission

The Claimant’s action lacks merit as same frivolous.

Justice Uche Agomoh in her judgment held that the case is “completely lacking in merit.”

The court held that Fayemi was validly nominated by APC and that he was not a public officer envisaged by the Electoral Act, 1999 Constitution and Party Guidelines to resign before contesting