A Federal High Court sitting in Ado-Ekiti has been urged to dismiss the prayers and preliminary objection of Gov. Kayode Fayemi’s counsel over his eligibility to contest the primary election.
Senator Tony Adeniyi, the lead counsel to the claimant Segun Oni made the submission on Friday saying Fayemi’s application lacked merit.
Adeniyi urged the court to favour Oni by granting his plea and direct the Independent National Electoral Commission (INEC) to issue a certificate of return to his client and declare Fayemi as ineligible.
He also prayed the court to strike out the counter affidavit of Fayemi and INEC’s counsels for not complying with the order of the court to file written addresses.
He added that the governor, as a minister, ought to have resigned 30 days before the primary election since he was a government appointee; and that had rendered him ineligible to contest the election.
Counsel to Fayemi, Mr Rafiu Balogun, however, argued that the election was conducted in accordance with the constitution of the party.
Balogun submitted that once the candidate of a party was cleared, the court could not determine who was elected as a candidate saying it was the sole decision of the party.
He said Fayemi did not need to resign because he was an appointee of the president and not a civil servant.
He, therefore, urged the court to dismiss and strike out the matter.
After listening to the submissions and arguments of both counsels, the presiding judge, Justice Uche Agomoh, adjourned the matter to December 10 for the ruling.