Impeachment: Court orders substituted service on Fayose
A high court sitting in Ado-Ekiti, has granted an order allowing the governorship candidate of the Peoples Democratic Party in Ekiti State, Ayo Fayose, to be served a motion through substituted service.
In a suit seeking to compel him to explain circumstances surrounding his 2006 impeachment, Justice I. O. Ogunyemi, granted permission to the applicant, Ekiti-Eleven, to serve Fayose through newspaper publication.
The e-11, an Ekiti based socio-political group, wanted the court to stop him from contesting the June 21 election.
The applicant contended that Fayose-a former Ekiti Governor-had failed to disclose vital information regarding the grounds of his impeachment in 2006 in form CFO1 submitted to the Independent National Electoral Commission.
Arguing that the substance of the impeachment had since not been overruled by any court of relevant jurisdiction and that same subsisted, the applicant averred that the court had enormous power to disqualify Fayose for supplying false information to INEC.
The applicant’s counsel, Mr. Rafiu Balogun, of Crystal Chambers, said efforts to serve Fayose physically at his known addresses, since May 23, had been fruitless.
When contacted on Sunday, Fayose’s media aide, Mr. Idowu Adelusi, maintained that they were not aware of the suit and order granted by the court.
Balogun had told the court that both the Peoples Democratic Party and the Independent National Electoral Commission who were second and third defendants respectively, had been served.
The lawyer prayed the court to grant accelerated hearing in the suit because Fayose is a candidate for the June 21 governorship election.
He contended that the subject of the suit will be destroyed if it was heared after the election.
Balogun said, “PDP and INEC were served on 23 May, the 14 days which they have to respond to the petition had lapsed today.
Stating that the law allowed 7 or 14 days for the respondents to reply to the motion, he submitted that, “The seven days we are asking for is within the rules of the court. We are therefore asking that the first defendant be compelled to offer a reply within the seven days,” Balogun prayed.
Granting all the reliefs, Justice Ogunyemi ordered Fayose to file a written address within seven days and that the applicant should file their reply on point of law within three after, if necessary.
The judge consequently adjourned hearing till June 16.
Source: PUNCH
