In its judgment on Wednesday, the court affirmed the legality of the Judicial Commission of Inquiry set up by the state government, saying the state governor, Mr Ayodele Fayose has exclusive rights to set it up 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 were dismissed by the presiding judge, Justice Lekan Ogunmoye.
Fayemi had sought the relief of the court against the commission saying Fayose had not acted pursuant to Section 2 (1) of the Commission Inquiry Law Cap C10 Laws of Ekiti State but court ruled that the governor did 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.
Fayose had in May, this year, 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.
Fayemi had filed suit No. HAD/57/2017, seeking an injunction to restrain the state government and the Judicial Commission of Enquiry set up by Governor Ayodele Fayose to probe his administration from going ahead with the exercise.
The Minister for Steel and Minerals Resources Development also alleged that all the members of the panel were the governor’s apologists, adding that there was no way the panel would be fair to him.
Reacting after the judgment, Fayemi’s counsel, Mr. Akingbade Ogunmoyela said the court has agreed that the State House of Assembly has no right to direct the governor to set up the inquiry, saying 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.
He said he wouldn’t know whether or not his client would appeal the judgment.
In his reaction, counsel to the state government, Mr. Sunday Ashana said he was happy with the judgment because the court established that the governor has the right to set up the commission. He stressed the state government acted in accordance with the law that set up the commission.
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