By Rotimi Ojomoyela

Ado-Ekiti—Effort by former governor of Ekiti State, Dr. Kayode Fayemi to stop the Judicial Panel of  Inquiry set up to investigate financial dealings under his administration hit the rock yesterday, as an Ado-Ekiti High Court refused his application for an interim order to restrain the Panel from further sitting.

Governor Ayodele Fayose had in May this year set up a panel of inquiry to investigate  financial dealings under the administration of Dr Kayode Fayemi from 2010-2014, following a resolution from the State House of Assembly.

Dr Kayode Fayemi

Justice Lekan Ogunmoye yesterday ruled that Fayemi’s request for an interim order cannot be granted because the defendants filed a notice of preliminary injunction challenging the competence of the court to hear the substantive suit.

However, the current Minister of Mines and Steel Development got a little reprieve, as the court granted his prayer for an accelerated hearing of the case, as it ruled that the substantive suit would now be taken together with the defendant’s preliminary objection on the next adjourned date, July 31.

Defendants in the suit are the Governor, Attorney General, Ekiti State House of Assembly, Justice Silas Oyewole (panel chairman), Mr. Gbemiga Adaramola, Mrs. Bolawale Awe, Mr. Idowu Ayenimo, Mr. Omodara Vincent, Mr. Adesoba Oluremi and Mr. Sunday Bamise (panel members).

Justice Ogunmoye who said he had taken a judicial notice of all processes before him but held that it has been settled in law what the court considers before granting such application.

The judge held that there was a pending notice of preliminary objection by the defendants in which the competence of the court to hear the substantive matter was being challenged.

While citing many authorities to buttress his position, Justice Ogunmoye, held that the issue of court’s jurisdiction over any matter was paramount and fundamental to any case at hand, hence it should be determined for its adjudication not to be rendered an exercise in futility.

He adjourned the suit to July 31 for definite hearing.

The judge ruled: “I have no power to grant the application for interim injunction before me but justice of the matter demands that it will be given an accelerated hearing. The motion is hereby refused.”

Fayemi’s counsel, Chief Rafiu Balogun, said the court was fair to both parties in granting defendant’s prayer that the application for interim injunction be refused while at the same time granting his client’s prayer for accelerated hearing of the substantive case.

Defendants’ counsel, Mr. Daniel Alumun, said it was right for the court to consider the peliminary objection saying the claimant can’t stop a statute from running.