The Supreme Court on Wednesday dismissed a suit brought before it by former Ekiti State Governor, Segun Oni, challenging the eligibility of Governor Kayode Fayemi to stand as a candidate in the July 14, 2018 governorship election in the state
The apex court in a unanimous Judgment delivered by Justice Amirul Sanusi dismissed the suit on the grounds that it has become statute barred and a mere academic exercise.
The court held in the judgment that Oni’s suit was caught up with Section 285 of the 1999 constitution which makes it mandatory that all pre-election cases must be filed within 14 days of the cause of action.
Justice Sanusi said that from the available record at the disposal of the court, the case of the appellant (Oni) was filed 42 days after the cause of action arose thereby making the suit legally incompetent to be adjudicated upon.
Oni, who was a governorship aspirant in the last primary election conducted by the All Progressives Congress (APC) for the nomination of the governorship candidate of the party, had dragged Fayemi to court praying for an order disqualifying him (Fayemi) from participating in the last governorship election in Ekiti State.
Oni’s grouse was that Fayemi did not resign as Minister of Solid Mineral three months before the election as required by law.
He also predicted his case on the report of a Commission of Enquiry set up by Ekiti State Government under former Governor Ayodele Fayose which indicted and prohibited Fayemi from holding public office for a period of ten years.
However, a High Court of the Federal Capital Territory (FCT) presided over by Justice Oathman Musa, had in a Judgment quashed the report of the Commission on the grounds that Fayemi was denied fair hearing during the proceeding.
But Justice Sanusi upheld the preliminary objection raised against the appeal of Oni that the suit has no life in it having been filed outside the 14 days required by law to be competent.