Twelve days to Ekiti State governorship election, a chieftain of the All Progressives Congress (APC) in Ekiti State, Oladimeji Olakunle Olatunji, has approached the Federal High Court in Abuja, seeking to disqualify the party governorship candidate, Dr John Kayode Fayemi from the contesting the State Governorship election scheduled for July 14.
Olatunji in a Suit No: FHC/ABJ/05/693/18 dated July 2, 2018, is praying for an order to disqualify Fayemi from contesting the election on the grounds that he lied on oath about his resignation and indictment in the form he submitted to the Independent National Electoral Commission (INEC).
The plaintiff also claimed in an affidavit in support of the suit that Fayemi was found guilty for misappropriation and embezzlement of public fund by a judicial Commission of inquiry headed by a Retired Chief Judge of the State, Justice Silas Bamidele Oyewole.
He added that based on findings, Fayemi was barred from occupying any public office for 10 years, apart from recommending him for criminal prosecution.
The plaintiff also alleged that Fayemi, the former minister of Solid Mineral, Mines and Steel Development, did not resign as provided by the law before contesting the primary election.
He added that despite these facts, Fayemi went ahead and lied about them in the Form he submitted to the APC and INEC.
The plaintiff is also asking the court to determine the following questions: “Whether the information which the 1st Defendant gave to the 2nd and 3rd Defendants part of which is that he has resigned from the public service of the Federal Government of Nigeria as the Federal Minister of Solid Minerals, Mines and Steel Development before the primary election of the 12th May, 2018.
“Whether he has not been convicted for embezzlement or fraud does not constitute a false information contrary to section 31 (5) and (6) of the Electoral Act 2010 (as amended) and Articles 2 and 5 of the 2nd Defendant’s 2014 Guidelines for the nomination of candidates for public office which warrants that he should be disqualified from contesting the said 2nd Defendant’s primary election that held on the 12th May, 2018 and the upcoming 3rd Defendant’s Ekiti State Governorship Election scheduled for the 14th July, 2018.
“That “the 1st Defendant who was a public officer/servant as a Federal Minister of the Federal Government of Nigeria did not resign from his position as a serving Minister of the Federal Government of Nigeria 30 days to the said 5th May, 2018, when the 2nd Defendant’s primary election for the nomination of candidate for the 14th July, 2018,
Ekiti State Governorship Election was originally fixed and later the 12th May, 2018 when the said primary election was eventually held, yet the 1st Defendant was purportedly declared and returned as the 2nd Defendant’s candidate for the said 14th July, 2018 Ekiti State Governorship election.
The plaintiff is therefore seeking “A declaration that the information which the 1st Defendant submitted to the 2nd Defendant and which the 2nd Defendant in turn submitted to the 3rd Defendant as it relates to the 1st Defendant’s resignation from the public service of the Federal Government of Nigeria as the Federal Minister of Solid Minerals, Mines and Steel Development before the 2nd Defendant’s primary election of the 12th May, 2018
and that he has not been convicted for embezzlement or fraud are false information contrary to the provisions of the 2nd Defendant’s Constitution, Articles 2 and 5 of the 2nd Defendant’s 2014 Guidelines for the Nomination of Candidates for Public offices and section 31 (5) and (6) of the Electoral Act, 2010 (as amended).
“A declaration that the 941 votes credited or recorded as votes cast for the 1st Defendant at the 12th May, 2018 Governorship primary election are void, invalid and wasted, since the 1st Defendant did not meet the minimum qualification/requirement to participate in the said primary election as a contestant
and an aspirant in that election, and that the pronouncement of the 1st Defendant as the winner and the nominated candidate of the 2nd Defendant’s Governorship primary election which was held on the 12th May, 2018, without the 1st Defendant resigning from the public service of the Federal Government of Nigeria is void.
The plaintiff is therefore asking the court to nullify Fayemi candidature and a further order to substitute his name with Adebayo Segun Oni who came second during the APC primary.