An Ado-Ekiti High Court presided over by Justice Lekan Ogunmoye, has refused an application by immediate past governor of the state, Dr. Kayode Fayemi, seeking to restrain the Judicial Panel of Inquiry set up by the state government to probe the finances of the state under his administration.
Dr. Fayemi had approached the court with an application praying the court to restrain the panel from further sitting, pending the hearing of a motion on notice for an injunction on the matter.
Justice Ogunmoye, who gave the ruling on Tuesday, said Fayemi’s request for an interim order could not be granted because the defendants filed a notice of preliminary injunction challenging the competence of the court to hear the substantive suit.
The judge held that there was a pending notice of preliminary objection by the defendants, which was challenging the competence of the court to hear the substantive matter.
He said he had taken a judicial notice of all processes before him, but contended that it had been settled in law what the court considers before granting such application.
However, Justice Ogunmoye granted as the court ruled that the substantive suit would now be taken together with the defendant’s preliminary objection on the next adjourned date.
“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,” he stated.
He adjourned the suit to July 31 for definite hearing.
Fayemi’s counsel, Chief Rafiu Balogun, contended that 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.
The defendants in the suit are the Governor, Attorney General, Ekiti State House of Assembly, Justice Silas Oyewole (chairman of the panel); and members namely: Mr. Gbemiga Adaramola, Mrs. Bolanle Awe, Mr. Idowu Ayenimo, Mr. Omodara Vincent, Mr. Adesoba Oluremi and Mr. Sunday Bamise.