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AN Ekiti State high court sitting in Ado Ekiti, on Tuesday, dismissed a suit by the immediate past governor of the state, Dr Kayode Fayemi, against the judicial panel of inquiry constituted by Governor Ayodele Fayose, to probe his administration.
Governor Fayose had constituted a judicial panel of inquiry in May this year to probe alleged financial infractions against the state by ex-Governor Fayemi during his administration between 2010 and 2014.
But Dr Fayemi rejected the constitution of the panel, headed by Justice Silas Oyewole, and alleged that its members were card-carrying members of the People’s Democratic Party (PDP).
He filed a suit, with number HAD/57/2017 against the panel, seeking an injunction to restrain the state government and the judicial panel from going ahead with the exercise.
However, Justice Lekan Ogunmoye, who delivered the judgment in Dr Fayemi’s suit, on Wednesday, held that Governor Fayose had acted pursuant to Section 2 (1) of the Commission Inquiry Law Cap C10 Laws of Ekiti State.
Justice Ogunkoye ruled that the governor did not need to consult the House of Assembly or anyone else before setting up the commission of inquiry, but agreed that the House of Assembly had no rights to direct the governor to set up the inquiry.
He affirmed the legality of the Judicial Commission of Inquiry set up by the state government to look into financial transactions of the state between 2010 and 2014, saying Governor Fayose had powers to run affairs of his state and that he had exclusive rights to set up commission of inquiry without the prompting of the House of Assembly and that he properly so acted.
He, therefore, dismissed all other reliefs seeking to set aside and perpetually restrain the panel of inquiry.
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