A Federal High Court, sitting in Abuja has fixed September 25 to commence hearing on a suit filled against Ekiti state’s governor-elect, Dr Kayode Fayemi.
The suit marked HC/ABJ/CS/663/18, was lodged before the court by a chieftain of the All Progressives Congress, APC, in the state, Chief Segun Oni challenging the eligibility of Ekiti Fayemi, to participate in the July 14 governorship election.
Oni, who came second in APC’s governorship primary election in Ekiti State argues that Fayemi is not legally qualifies to partake in the contest, because he failed to first resign his position as a minister 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 but did not resign the position until 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.
However, Oni lodged a suit shortly after the primary, arguing that Fayemi ought to have resigned his ministerial position at least 30 days to the primary poll.
He is urging the court to among other things, determine whether or not Fayemi’s action was not in gross violation of the 1999 Constitution, as amended, as well as APC guidelines.
The Independent National Electoral Commission, INEC, was equally joined as defendants in the suit.
At the resumed sitting yesterday, Oni’s lawyer, Mr. Anthony Adeniyi told the court that his client has complied with the order for substituted service on the Defendants.
On his part, Fayemi’s lawyer, Mr. Rafiu Balogun told the court that his client was just given the processes and needed time to file his response, added that he would do so before the next adjourned date.
Meantime, Oni secured leave of the court to amend his Originating Process.