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A High Court of the Federal Capital Territory (FCT) in Bwari, Abuja has dismissed a suit seeking to bar the All Progressives Congress (APC) candidate, Kayode Fayemi from participating in the Ekiti Governorship election.
Justice O. A. Musa, in a judgment on Tuesday, dismissed the suit by the Action People’s Party (APP) on the ground that it was without merit.
The plaintiff had argued among others, that Fayemi’s indictment by a commission of inquiry set up by the state government to probe his administration, and the white paper issued by the state based on the indictment, disqualified Fayemi from holding public office by virtue of Section 182(1)(i) of the Constitution.
Justice Musa quashed Fayemi’s purported indictment by the commission of inquiry and the white paper on the grounds that the process leading to the report and white paper was tainted with bias as Fayemi was not accorded fair hearing.
The judge noted that Section 182(1)(i) of the Constitution, on which the suit was based, was no longer in existence having been deleted by the National Assembly through the first alteration of the Constitution in 2011.
Justice Musa who answered the two questions posed by the plaintiff in the negative refused all its prayers and declared the Fayemi was eligible to contest the next Governorship election and that the APC was at liberty, under the law to field him as its candidate.
