The Ekiti State All Progressives Congress (APC) Elders’ Forum has appealed to former Governor Segun Oni to withdraw the suit challenging the eligibility of governor-elect, Dr. Kayode Fayemi, for the July 14 governorship election.
The APC elders came out with the position at a meeting held, on Wednesday, in Igbara Odo, Ekiti South West Local Government Area, presided over by its Chairman, Chief George Akosile.
According to a communiqué issued at the end of the meeting, a copy of which was made available to newsmen, in Ado-Ekiti, on Friday, the APC elders said the withdrawal of the case by Oni and his group would facilitate an out-of-court settlement.
In the communiqué signed by Akosile and the Forum’s Secretary, Chief Abiodun Ajayi, the APC elders resolved to send a five-man delegation to Oni with a letter appealing for the withdrawal of the case.
The Ekiti APC Elders’ Forum also resolved to send a memo to Fayemi to reconcile the aggrieved (Oni) group with a view to withdrawing the case from court and their inclusion in the forthcoming administration.
The communiqué reads,
“The Ekiti State APC Elders’ Forum at its meeting held on Wednesday, 29th August, 2018 under its Chairman, Asiwaju George Akosile at Igbara Odo Ekiti, having reviewed the various steps taken by the Forum on the above subject matter including the following:
Sending of a five (5)-man delegation with a letter to Asiwaju Segun Oni appealing for the withdrawal of the case from the Court.
Invitation and meeting with the representatives of Asiwaju Segun Oni at Igbara Odo, Ekiti State.
Sending a memo to the Governor-elect as to reconcile the aggrieved group with a view to withdrawing the case from Court and their inclusion in the scheme of things in the forthcoming administration in Ekiti State, from our findings, the Elders’ Forum is aware that the case is still pending in the Federal High Court, Abuja.
“We hereby wish to appeal to Asiwaju Segun Oni and his group to withdraw the case from the Federal High Court, Abuja as to facilitate an out-of-court settlement in the interest of the APC Family in Ekiti State, in particular and Nigeria in general.”
The former governor is urging the court to nullify Fayemi’s candidacy on grounds that he (Fayemi) did not resign from his position as Minister of Mines and Steel Development 30 days before the APC primary.
Fayemi won the APC governorship primary held on May 12 in Ado-Ekiti, the state capital, by polling a total of 941 votes beating Oni, who scored 481 votes to the second place and 31 other aspirants.
Oni also dragged Fayemi to court on grounds that he was indicted by Ekiti State Judicial Commission of Inquiry set up by Governor Ayo Fayose and handed a 10-year ban from holding public office.
Oni, as the Claimant/Applicant filed a suit before a Federal High Court, Abuja presided over by Justice Nnamdi Dimgba. The suit is marked FHC/ABJ/CS/663/18.
Joined as Defendants/Respondents in the case are Dr. Fayemi, APC and Independent National Electoral Commission (INEC).
The court on 20th August issued an ex parte order for substituted service on the defendants.
Justice Dimgba ordered:
“Upon the Motion Ex Parte dated and filed on the 9th day of August, 2018 praying for the following reliefs.
An order of substituted service of the Originating Summons and other processes in this suit on the 1st Defendant by substituted means, to wit; by delivering the processes to the Chairman, All Progressives Congress (APC), Ekiti State, the 2nd Defendant, at the party’s secretariat, No 156, Ajilosun Street, Ado-Ekiti, Ekiti State, or alternatively.
Service on the 1st Defendant by delivering of the said processes to the Administrative Officer of the JKF Centre, the operational office of the 1st Defendant.
Oni’s supporters said the court case was triggered by alleged non-inclusiveness, ostracisation, marginalization and demonstration of open hatred for them by Fayemi’s supporters.
A Senior Advocate of Nigeria, Mallam Yusuf Ali, said the Peoples Democratic Party’s candidate in last Saturday’s governorship election in Ekiti State, Prof. Kolapo Olusola, has asked him to lead his legal team to challenge the victory of Governor-elect, Dr. Kayode Fayemi, at the election tribunal.
Olusola, who lost the election to Fayemi, the candidate of the All Progressives Congress, according to the results released by the Independent National Electoral Commission, has vowed to challenge the poll outcome.
Fayemi, a former governor of the state, defeated Olusola in 12 out of the 16 local government areas of the state, polling 197,459 votes while Olusola scored 178,121 votes.
Ali told COLOSSUS GISTS on Friday that he had accepted to lead other senior lawyers to reclaim Olusola’s mandate.
The senior advocate however said he would need to discuss details of the brief with his client to know the grounds upon which the candidate was contesting the poll results.
Ali added that he would not be able to give an accurate figure of other lawyers that would join him in the legal battle against the APC candidate.
He said,
“I have just been contacted to represent the PDP (at the tribunal). The (legal) team is just being put together; so, I don’t know the number of SANs and other lawyers that will work with me yet because it is the client that will determine who they want to bring on board.
“On the grounds of the petition, I was just briefed (to take up the matter); we would need to engage in further discussions before I will know exactly what is involved.”
Tribunal constituted before election –A’court
Meanwhile, the three-man panel for the Ekiti State Governorship Election Petitions Tribunal has been set up to sit on the disputes arising from the July 14 governorship election in the state, COLOSSUS GISTS learnt.
The President of the Court of Appeal, Justice, Justice Zainab Bulkachuwa, is empowered to constitute the election petitions tribunals for governorship as well as for state and National Assembly elections.
The Head, Media and Publicity Unit of the Court of Appeal, Mrs. Sa’adatu Musa, responding to an inquiry by COLOSSUS GISTS on Saturday, said the tribunal for the Ekiti State governorship election was constituted two weeks before the election held on July 14.
“The Ekiti State Governorship Election Petitions Tribunal was set up two weeks before the election,” Musa said in a text message in response to one of our correspondents’ enquiry.
Section 133 (3)(a) of the Electoral Act provides that the tribunal “shall be constituted not later than 14 days before the election.”
The registry of the Ekiti State Governorship Election Petitions Tribunal was said to have been opened in Ado-Ekiti, the state capital, one week after it was constituted.
By virtue of Section 134(1) of the law, an election petition to challenge the validity of an election must be filed within 21 days after the date of the declaration of results.
“An election petition shall be filed within 21 days after the date of the declaration of results of the elections,” the law states.
With the result of the election declared one week ago, it implies that aggrieved persons have only two weeks left within which to file their petitions before the tribunal to challenge the outcome of the poll.
Section 134(2) of the Electoral Act provides that “an election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition.”
Olusola had, on Sunday, alleged that he was robbed of victory in an election he claimed to have received over 70 per cent of the votes, having won in almost all the 16 local government areas in the state.
At a press conference after INEC declared Fayemi the winner on Sunday, the PDP candidate, who is the deputy governor of the state, alleged that security agencies threw all caution to the wind by taking sides with the APC and Fayemi.
He accused security agencies of not only supporting but also supervising the indiscriminate arrest of PDP leaders and agents while also harassing voters on a massive scale, especially in Ado Ekiti, Ikere and other places.
He equally alleged that security agencies gave tacit and active cover for thugs imported into Ekiti by the APC to snatch ballot boxes, create confusion, cause mayhem, and drive away voters in PDP strongholds.
“INEC, on its own part, reneged on its promise to have results counted, declared and pasted on the wall of each polling station. There was nowhere INEC transmitted results from the polling centres as earlier promised.
“Ballot boxes were illegally moved to INEC offices while our agents were disallowed from following the process,” he stated.
Source
PUNCH
Governor-elect of Ekiti State, Dr. Kayode Fayemi, on Thursday, hinted that his administration would probe the financial records of outgoing Governor Ayo Fayose when he assumes office.
Fayemi, while fielding questions from State House Correspondents after meeting with President Muhammadu Buhari behind-closed-doors at the Presidential Villa, Abuja, also said contrary to reports, his party, the All Progressives Congress (APC), never engaged in vote-buying in the July 14 governorship election in the state.
He explained that the essence of looking into the financial records of the state was not targeted at the out-going administration of Governor Fayose, but to find out why the government was unable to pay salaries of workers.
He said it was not about an individual but about the government so as to not make the mistakes of the outgoing administration.
According to him, “Well, l think we need to remove this election from personalities. This was an election that we fought on issues and it will be irresponsible on my part to come here and say that we will not examine what transpired in the last four years in the manner of government.
“What was received in Ekiti State and the expenditures in that period, why were we not able to pay salaries in the state. These issues should be examined in the interest of good governance.
“It is not about probing Fayose, probing Eleka etc, it is about not repeating the mistakes of the past and giving our people good government. So, we will also involve in looking at what transpired in the last four years.”
The former minister of Mines and Steel, said his transitional committee were already working on how his administration will hit the ground running by looking at the assets and liabilities of the state.
According to Fayemi, “We are in the business of putting the government together. We are in the transition stage we beginning to look into the record of the state, its assets and liabilities and we expect the outgoing government to extend its hands of cooperation to us.
“We will engage also all of our professionals to ensure that we deliver good governance to Ekiti people. That is what they voted for and that is what we intend to give. So, basically, this three months will be used for this purpose.”
On why the APC the Ekiti polls, Fayemi said, “What sold us to the people is really the track records of our commitments to social investment, good government, transparency in government, extensive infrastructure and community involvement. These were the things.
“Everywhere we went during the campaign, we were able to show what we did for each community. All of our 132 communities, there were projects in all of them and they knew that our government was regular in payment of salaries, support to a range of the weak and vulnerable in the society and that was really what sold us.
“We have always been interested in seeing that our people live a decent life, a life without hunger, with social support and that is why we were paying social security benefits to the elderly. We provided youths graduate scheme for the recent graduates, provided support for the communities.
“For us, we never saw stomach infrastructure from any pedestrian manner that the current administration has lived it up to. For us, it is about total development of our people, human and capital development in education, health care, in social services and infrastructure development.
“It is total service we focused in. We increased salaries three times so that people could put food on their table in four years. That was why we provided range of allowances for the workers.
“There was a huge difference between what we did and the present administration with lack of salaries, heartless, despair and despondency. We are restoring the values and reclaiming our mandate.”
On the alleged vote-buying by the APC, he said, “I haven’t any substantive evidence of allegations of vote buying and intimidation. In the place where l voted, there was no vote buying anywhere.
“As far as our party is concerned, we did not engage in that, it is not our style. We won the election fair and square and it was an election that we fought on issues and not on the basis of any vote buying. So, whoever has any evidence of that should present it to an independently verifiable audience.”
Also speaking, the Kebbi State governor, Atiku Bagudu said that the Ekiti State governorship election was free, fair and credible.
He said, “Our party leaders, including President Muhamamdu Buhari and Vice President Yemi Osinbajo, the National leaders, stakeholders have all done their jobs including the Ekiti people themselves.
“We had a vey successful election, it was quite peaceful and Ekiti on the day the election results were declared, there was jubilation and we congratulate them. We thank INEC and the security despite the misconstrued reports, they provided their best. I have seen many who said this is the most peaceful election we have had.
“Let people campaign on issues and here we have a candidate who was humble and despite what happened before, he was humble to say in 2014 that if that was the wishes of Ekiti people, I will not go to court. Ekiti people have once again delivered their wishes and anyone who loves Ekiti should respect their wishes.”
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