The Ekiti State Governor, Ayodele Fayose, has asked a Federal High Court in Lagos to dismiss the case of a former Speaker of the state House of Assembly, Adewale Omirin, challenging his impeachment.
Fayose and the 13 other defendants in the suit are contending that Justice Saliu Saidu lacked both subject matter and territorial jurisdiction over the case whose subject matter emanated from Ekiti State.
Besides, the defendants argued that having filed a similar suit in Abuja, the plaintiffs’ case before Saidu amounted to an abuse of court processes.
They therefore urged the judge to dismiss the applicants’ case without delay.
This was contained in their preliminary objection filed through their lawyer, Mr. Dele Adesina (SAN).
They argued, “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.”
Fayose, who said he could not be sued outside of Ekiti where the cause of action took place, further argued 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 court adjourned till March 25, 2015 to hear the preliminary objection, just as the lawyer to the applicants, Mr. Norrison Quakers (SAN), said the applicants would reply appropriately.
Omirin and his deputy, Adetunji Orisalade, had filed the suit contending their purported impeachment on November 20, 2014 by seven members of the House belonging to the Peoples Democratic Party.
The other plaintiffs in the suit are the 17 other All Progressives Congress members of the Ekiti legislature.
via nigerianeye
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