Former Governor of Ekiti State, Segun Oni, has gone to court to challenge the constitutionality of former Minister of Mines and Steel Development, Kayode Fayemi, as the candidate of the All Progressives Congress, APC, in the July 14 Ekiti governorship election.
The suit was filed at a Federal High Court in Abuja by Oni’s lawyer, Gani Faniyi.
Oni’s grouse is that Fayemi contested the Ekiti governorship primary of the APC without resigning his position as a minister.
He explained that while the primary was held on May 12, Fayemi did not resign his appointment until May 30, a situation which he said violated the guideline of the party and the constitution of Nigeria.
In the suit, Oni is asking for the position of the court on the constitutionality of Fayemi’s candidacy based on the circumstances surrounding his emergence.
He also said the court should declare him as the authentic candidate of the APC in the Ekiti governorship election, having scored the highest number of legitimate votes in the primary.
The relief as sought in the suit by Oni reads: “A declaration that the claimant (Oni) having scored 481 votes which is the majority of lawful and valid votes at the 2nd Defendant (APC) the 12th May, 2018 A.P.C Governorship primaries election for the purpose of determining the 2nd Defendant’s candidate for the 14th July 2018 election for the office of Governor, Ekiti State is the person that was validly nominated by the 2nd Defendant for the 14th July, 2018 election for the office of Governor, Ekiti state.”
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In the suit, oni asked the court to determine: “Whether by virtue of All Progressives Congress constitution and particularly Articles 2 and 5 of All Progressive Congress 2014 Guidelines for the nomination of candidates for public office as applicable to the A.P.C Governorship primaries conducted on the 12th May, 2018, the 1st Defendant being a serving member of the Federal Executive and Federal Minister of Solid Minerals, Mines and Steel Development having not resigned his appointment as a member of Federal Executive and Minister of Solid Mineral, Mines and Steel Development, at all or at least 30 days to the said primaries election of 12th May, 2018 was qualified to contest and participate in the said All Progressive Congress Governorship primaries of 12th May, 2018 as an aspirant in that election.
“Whether by virtue of All Progressive Congress Constitution and particularly Articles 2 and 5 of All Progressive Congress 2014 Guidelines for the nomination of candidates for public office as applicable to the A.P.C Governorship primaries conducted on the 12th May, 2018, at Damilek Event Centre, Ado-Ekiti for the purpose of determining or nominating the 2nd Defendant candidate for the 12th July Ekiti State Governorship election, the 1st Defendant having been indicted by Rtd. Hon. Justice Oyewole Judicial Panel of Enquiry was qualified to contest and participate in the said All Progressives Congress Governorship primary of 12th May, 2018 as an aspirant in that election.”