Ekiti: Oni’s Bid to Unseat Fayemi Fails

By Toba Suleiman 

THIS DAY LIVE

Governor Kayode Fayemi

By Toba Suleiman 

          

Former governor of Ekiti State, Mr. Segun Oni, Monday  failed to unseat the incumbent, Dr. Kayode Fayemi, as the Court of Appeal sitting in Ado-Ekiti dismissed the application he filed seeking a review of the October 15, 2010 judgment that sacked him from office.

But lead counsel to Oni, Chief Ladi Williams (SAN), has said his client will appeal the judgment at the Supreme Court as soon as they are able to get a copy of the ruling.

The five-member panel of Justices that presided over the new case were Justice Tijani Abdullahi (Chairman), Justice Musa Abba-Aji, Justice (Mrs) M.O. Kekere-Ekun, Justice Ismaya Mohammed and Justice Raphael Chikwe Agbo.

Delivering his short ruling at about 3.25pm, Justice Abdullahi, on behalf of four other justices, said the only issue for determination was whether the court could set aside the judgment and order a fresh trial or whether it had jurisdiction to entertain the case.

The judge described the application as lacking in merit and it was dismissed accordingly, adding that “If there is any case of bias, Oni and PDP ought to have raised objection against it before the trial at the Appeal Court in Ilorin.”

According to him, the court could only reverse itself under the following circumstances: one, if it is misled to deliver a ruling; if a judgment is given in the absence of jurisdiction; if the case is a nullity or obnoxious; or if the court is misled to accept certain facts or evidences.

The Action Congress of Nigeria (ACN) lawyer, Mr. John Baiyeshea and the state Chairman of the party, Chief Jide Awe, applauded the judgment, the Peoples Democratic Party (PDP) counsel, Williams, said his client would appeal the judgment at the Supreme Court.

Answering questions from journalists, Williams said it was in the interest of the nation that “we appeal the judgment”, adding that the law must be developed.

Williams said the case was not to malign the character of suspended President of the Court of Appeal (PCA), Justice Ayo Salami or former governor of Lagos State, Bola Tinubu, but that what they did was based on the inference that there was a relationship between the duo.
He said Justice Abdullahi pointed out that the petitioner should have raised the issue of bias against Salami and Tinubu at the Appeal Court in Ilorin, noting that the petitioner was not aware until later when it was published in a national daily.

“We are going to the Supreme Court for appeal immediately as soon as we are able to get a copy of the ruling and duly certified. We shall lodge our appeal. If we get it within 72 hours, we will be able to file the notice of appeal,” he said. 

The ACN lead counsel, Baiyeshea, said: “It is an unnecessary application; it is frivolous to the extreme and since the court has now pronounced, we believe the matter has been laid to rest finally and it should not rear its head again in our firmament. The principle of law is that there ought to be finality of litigation.”

The suspended PCA, Justice Salami, had on October 15, 2010, at the Appeal Court in Ilorin, Kwara State, removed Oni from office and declared Fayemi of the ACN winner of the April 14, 2007 and April 2009 governorship election.

Dissatisfied with the court judgment, Oni approached the Appeal Court in Ado-Ekiti on March 14, 2011, where he sought, among other prayers: “an order to set aside the judgment of the Justice Salami-led Election Appeal Tribunal, and a retrial of the case;
“An order setting aside the October 15, 2010 judgment delivered by the Court of Appeal in Ilorin, Kwara State;

“An order compelling the President of the Court of Appeal to set up a new Appeal Court Panel to start the case de novo; and
“An order that the Speaker of the House of Assembly be allowed to act in place of the governor pending the determination of the case.”
Meanwhile, Fayemi in his reaction to the ruling, described it as victory for common sense and the rule of law.

The governor, who was said to be attending a meeting with officials of the World Bank in Abuja during the sitting of the court, said in a statement by his Chief Press Secretary, Mr. Yinka Oyebode, that he was happy that reason and common sense prevailed in the case which ordinarily ought not to have come before the justices in the first place.

Fayemi lauded the conduct of the justices and said it was high time the judiciary put in place a mechanism that would prevent the likes of jobless busy-bodies in the society like the PDP from dragging the judiciary in the mud with frivolous petitions.