THE candidacy of the APC candidate, Dr. Kayode Fayemi was yesterday in jeopardy after a High Court of the Federal Capital Territory sitting at Bwari, resolved to hear a suit challenging his eligibility.

The APC and the Ekiti State Government were set as co-defendants in the suit filed by the African Peoples Party, APP before the court presided over by Justice Othman Musa.

Fayemi

The presiding judge ordered service on Fayemi and the APC, for them to appear before him on June 7.

In the suit marked FCT/HC/BW/CV/57/2018, APP, through its lawyer, Johnmary Jideobi, is asking the court to  resolve “Whether or not upon a calm reading of Section 182 (1) (i) of the 1999 Constitution as Amended and having regard to the indictment of the 1st Defendant by the Ekiti State Judicial Commission of Inquiry, the 1st Defendant is not Constitutionally disqualified to hold public office especially office of the Governor of Ekiti State of Nigeria?

“Whether or not upon a sober reading of Section 182(1) (i) of the 1999 Constitution of the Federal Republic of Nigeria as amended, a political party [such as the 2nd Defendant herein] can validly sponsor a candidate [such as the 1st Defendant herein] constitutionally disqualified from vying for the office of a Governor of a State?”

In his reliefs, the applicant is asking that: “A declaration that upon a calm reading of Section 182 (1) (i) of the 1999 Constitution of the Federal Republic of Nigeria as Amended and having regard to the indictment of the 1st Defendant by the Ekiti State Judicial Commission of Inquiry, the 1st Defendant is Constitutionally disqualified to hold public office especially office of the Governor of Ekiti State of Nigeria.

“A solemn declaration that upon a sober reading of Section 182(1) (i) of the 1999 Constitution of the Federal Republic of Nigeria as amended, a political party [such as the 2nd Defendant herein] cannot validly sponsor a candidate [such as the 1st Defendant herein] constitutionally disqualified from vying for the office of a Governor of a State.

“An order of this Honourable Court restraining the 2nd Defendant from either considering, screening, accepting and or sponsoring the 1st Defendant or holding him out as its governorship candidate in the forthcoming governorship election scheduled to be held in Ekiti State of Nigeria on the 14th day of July, 2018”.

APC and Fayemi are through their lawyer, Rafiu Balogun challenging the competence of the suit.

The party in a 28-paragraph counter-affidavit deposed to by Oluwaseun Odewale, dismissed the indictment as lacking the force of law. Fayemi’s spokesman, Niyi Oyebode did not respond to calls put through to him yesterday.