A Federal High Court sitting in Ikoyi, Lagos presided over by Justice Saliu Saidu, was today asked by incumbent governor of Ekiti State, Ayodele Fayose to throw out the case of impeached Speaker of the State House of Assembly, Adewale Omirin, who had challenged his removal from office.
Specifically, the governor, alongside other defendants posited that the judge lacked both subject matter and territorial jurisdiction over the case whose subject matter emanated from Ekiti State.
The defendants are equally arguing that having instituted a similar case in Abuja, the plaintiffs’ case before Saidu amounted to an abuse of court processes.
They consequently prayed the court to dismiss the applicants’ case without delay.
According to the defendants preliminary objection filed by their counsel, Dele Adesina (SAN), they contended that, "The cause of action which gave rise to this matter as revealed by the originating summons and other processes filed by the applicants/respondents took place in Ado-Ekiti, Ekiti State.
“This honourable court lacks both subject-matter and territorial jurisdiction to entertain the suit.
“The suit, as presently constituted, is incurably defective and grossly incompetent. Consequently, this honourable court cannot sit over an incompetent suit."
While insisting that he could not be sued outside Ekiti State where the cause of action took place, Fayose argued further that the court papers served on him were not duly signed by a judge as required by law and therefore was of no moment.
The matter has been adjourned till March 25, 2015 to entertain the preliminary objection, even as counsel to the applicants, Norrison Quakers (SAN), said the applicants would reply appropriately.
It would be recalled that the former Speaker and his deputy, Adetunji Orisalade, had initiated the suit, arguing that their purported impeachment on November 20, 2014 by seven members of the State House of Assembly of the Peoples Democratic Party (PDP) was wrong.
Other plaintiffs in the matter are the 17 other All Progressives Congress (APC) members of the Ekiti State House of Assembly.
Photo credit: The Punch
No comments:
Post a Comment