A High Court of the Federal Capital Territory sitting in Bwari has given the go ahead for the hearing on a suit challenging the eligibility of the Minister of Mines and Solid Minerals, Dr. Kayode Fayemi to participate in the forthcoming governorship election scheduled to hold in Ekiti State on July 14.

Justice Othman Musa of the court also ordered service of hearing notices on both Fayemi and the All Progressives Congress, APC summoning them to appear in court on June 7.

In the suit marked FCT/HC/BW/CV/57/2018 which was lodged before the court by the African People’s Party (APP) through its lawyer, Mr. Johnmary Jideobi, the government of Ekiti State was cited as the 3rd defendant.

APP is praying the court to determine whether or not upon a calm reading of Section 182 (1) (i) of the 1999 Constitution (as amended) and having regard to the indictment of the 1st Defendant by the Ekiti State Judicial Commission of Inquiry, that the 1st Defendant (Fayemi) is not constitutionally disqualified to hold public office especially office of the Governor of Ekiti State of Nigeria.

The party is also asking whether or not, upon a sober reading of Section 182(1) (i) of the 1999 Constitution of the Federal Republic of Nigeria as amended, a political party (such as the 2nd Defendant herein) (APC) can validly sponsor a candidate (such as the 1st Defendant herein) constitutionally disqualified from vying for the office of a Governor of a State.

Against the background of the answer(s) that may be given to the questions of law above, the APP is seeking: “A declaration that upon a calm reading of Section 182 (1) (i) of the 1999 Constitution of the Federal Republic of Nigeria as Amended and having regard to the indictment of the 1st Defendant by the Ekiti State Judicial Commission of Inquiry, the 1st Defendant is Constitutionally disqualified to hold public office especially office of the Governor of Ekiti State of Nigeria.

“A solemn declaration that upon a sober reading of Section 182(1) (i) of the 1999 Constitution of the Federal Republic of Nigeria as amended, a political party [such as the 2nd Defendant herein] cannot validly sponsor a candidate [such as the 1st Defendant herein] constitutionally disqualified from vying for the office of a Governor of a state.

“An order of this Honourable Court restraining the 2nd Defendant from either considering, screening, accepting and or sponsoring the 1st Defendant or holding him out as its governorship candidate in the forthcoming governorship election scheduled to be held in Ekiti State of Nigeria on the 14th day of July, 2018”.

APC has however challenged the competence of the suit, urging the court to dismiss it for want of merit.

APC and Dr. Fayemi, through their lawyer, Mr. Rafiu Balogun, filed a joint preliminary objection against the suit.

In the 28-paragraphed counter-affidavit which was deposed to by one Oluwaseun Odewale, APC said it was shocked by the report of the Ekiti State Commission of Inquiry that indicted their governorship candidate.

“The most worrisome aspect of the Report is the purported barring of Dr. Kayode Fayemi from holding public office for 10 years when the Ekiti State is not a court of law,” the party said in the affidavit.

Fayemi, on his own part maintained that he was not given a fair-hearing by the eight-man panel of inquiry led by Justice Silas Bamidele Oyewole whichindicted him over alleged embezzlement and contract fraud.

He said: “I know as a fact that the incumbent Governor of Ekiti State, Dr. Peter Ayodele Fayose, acting pursuant to the resolution of the Ekiti State House of Assembly, constituted Commission of Inquiry to look into finances of Ekiti State between 2010 to 2014.

“I know as a fact that Dr. Kayode Fayemi, the 1st defendant, challenged the legality and the constitutionality of the Commission of Inquiry on diverse grounds and he specifically raised the issue of the composition of the Commission further Inquiry which was deliberately constituted in such a way that Justice and fairness cannot be guaranteed to all the parties.

“I know as a fact that some of the members of the Commission are civil servants and the Chairman of the Commission a retired Acting Chief Judge has an axe to grind with the 1st defendant and was waiting for an opportunity to have his pound of flesh.”