The efforts of former governor of Ekiti State, Dr. Kayode Fayemi, to stop the probe of his administration on Wednesday hit the rock as a High Court in Ado Ekiti affirmed the legality of the Judicial Commission of Inquiry set up to probe the period Fayemi held sway in the state.
The state governor, Ayodele Fayose had in May, 2017 constituted a judicial panel, led by a former acting chief judge of the state, Justice Silas Oyewole, to probe Fayemi’s administration between October 2010 and October 2014 over alleged financial misappropriation.
Uncomfortable with the development, Fayemi, who is currently the Minister of Steel and Mineral Resources Development, had in suit No. HAD/57/2017, which he filed before the court prayed for an injunction to restrain the state government and the Judicial Commission of Inquiry, set up by Governor Fayose to probe his administration from going ahead with the exercise.
He had in his suit also alleged that all the members of the panel were the governor’s apologists, arguing that there was no way the panel would be fair to him.
But delivering judgment on the matter, Justice Lekan Ogunmoye, held that Governor Fayose acted pursuant to Section 2 (1) of the Commission Inquiry Law Cap C10 Laws of Ekiti State.
According to the trial judge, Fayose has powers to run affairs of his state as well as exclusive rights to set up commission of inquiry without the prompting of the House of Assembly and that he properly so acted.
Accordingly, all other reliefs seeking to set aside and perpetually restrain the Commission of Inquiry were dismissed.
The judge had further held that the governor does not need consult the House of Assembly or anyone before setting up the commission of inquiry.
The court however agreed that the State House of Assembly had no rights to direct the governor to set up the inquiry.
In his reaction, to the ruling, Fayemi’s counsel, Mr. Akingbade Ogunmoyela, said that the court has agreed that the State House of Assembly has no right to direct the governor to set up the inquiry, adding that it was of the opinion of the court based on the Ekiti Commission of Inquiry law that the governor has right to set the commission.
Ogunmoyela said that he could not at the moment say whether or not his client would appeal the judgment.
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