A federal High Court sitting in Ado-Ekiti, Ekiti State has nullified the case instituted by former Governor Segun Oni of Ekiti state against the incumbent governor, Dr. Kayode Fayemi.
The judgement was delivered by justice Uche Agomoh on Monday.
Oni had filed a suit challenging the eligibility of Governor Fayemi to contest the May 12, 2018 governorship primary election of APC in the state.
He contended that Fayemi was not legally qualified to take part in the contest, having failed to resign his post as the mimister for mines and steel development under president Muhammadu Buhari’s administration.
ayemi reportedly resigned his appointment on May 30, about 18 days after he clinched the ticket.
Fayemi went ahead to win the primary election and subsequently defeating Olusola Eleka of the PDP to become the governor of the state.
In a two-hour delivered judgment, Justice Uche Agomoh, threw out Oni’s suit for lacking in merit, saying, “I am of the firm view that the originating summons is hereby dismissed.”
The judge held, “Indictment does not satisfy the definition of conviction. He cannot be disqualified. The issue of 30 days resignation before election does not apply in this case.”
He said that the applicant’s claim that Fayemi was an official of the APC and a public servant could not be proved.
The judge added that Fayemi as a minister of the federation was not a public servant but a political office holder and an appointee of the President, hence the 30 days resignation stipulation did not apply.
Responding to the ruling, Oni’s counsel said, “We are going to study this judgment to determine the next cause of action”.
Meanwhile, the outcome of the judgment generated jubilation in Ado Ekiti, the Ekiti State capital, on Monday by supporters of Fayemi.
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