Kamarudeen Ogundele, Ado Ekiti
The Immediate past Governor of Ekiti State and Minister of Mines and Steel Development, Dr Kayode Fayemi, has challenged the competence of the Judicial Commission of Enquiry set up by Governor Ayodele Fayose to probe his (Fayemi) administration.
A copy of the suit, which was made available to our correspondent, on Thursday, in Ado Ekiti, showed that Fayemi asked an Ado-Ekiti High Court to dissolve the Judicial Commission of Enquiry.
He also prayed the court to restrain the state government and the commission from going ahead with the probe, pending the determination of the suit.
In the suit with number HAD/57/2017, Fayemi asked the court to restrain the governor, the state’s Attorney-General and Commissioner for Justice and the members of the judicial commission from taking any step on the probe as a result of two pending cases.
Joined in the suit filed by the counsel for the minister, Chief Rafiu O. Balogun, were the Ekiti State House of Assembly and the Speaker of the House of Assembly.
Fayemi is also seeking a declaration that the motion and subsequent resolution of the Ekiti State House of Assembly directing the governor (first defendant) to set up a judicial commission of enquiry to investigate or probe his administration are unlawful, illegal and ought to be declared null and void.
He stated that the resolution was passed during the pendency of a case involving him, the assembly and its speaker, which touched on the legality of the summons and powers of the assembly to conduct any investigation or direct any other person or body to do so without strict compliance with the tenets of the 1999 Constitution.
He averred that the assembly acted in flagrant contravention of the principle of separation of powers and had committed a fundamental breach of the Standing Order of the House of Assembly.
He argued that revisiting the issue of the investigation of his administration and passing a resolution for the setting up of a judicial commission of enquiry with terms and reference would prejudice the outcome of the case between him and the House of Assembly and its speaker.
Fayemi is also seeking a declaration that the House of Assembly cannot exercise its power under Section 128 of the 1999 Constitution, to direct the Ekiti State governor to set up a judicial commission of enquiry to investigate his administration while the House had earlier conducted its investigation and submitted its report to the Economic and Financial Crimes Commission, urging the anti-graft body to further conduct discreet investigation and prosecute him and some officials of his administration.
The minister contended that the setting up of the panel after the conclusion of its investigation by the House of Assembly of allegations of financial malpractices and the submission of same to the EFCC would amount to oppression, double jeopardy and a clear abuse of legislative power.
The suit also sought a declaration that the House of Assembly cannot exercise its constitutional right to direct or cause the Governor of Ekiti State to constitute a judicial commission of enquiry to investigate the plaintiff when the conditions precedent for the exercise of such powers, as enshrined in the constitution had not been fulfilled by the Assembly.
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