The indictment for fraud and abuse of office imposed on former Minister of Solid Minerals, Dr John Kayode Fayemi by Ekiti state government has been dismissed by an Abuja High Court.
The court quashed the suit seeking to bar the All Progressives Congress (APC) from fielding Fayemi as its candidate in the Ekiti governorship election slated for July 14.
Delivering judgement on the case yesterday, Justice Oathman Musa, dismissed the suit instituted by the Action Peoples Party (APP) against Fayemi, APC and Ekiti state government on the ground that it was frivolous, baseless and without merit.
The party (APP) had argued among others, that Fayemi’s indictment by a commission of inquiry set up by the Ekiti state government to probe his administration, and the White Paper issued by the state based on the indictment, disqualified Fayemi from holding public office by virtue of Section 182(1)(i) of the Constitution for 10 years.
Justice Musa therefore quashed Fayemi’s purported indictment by the commission of inquiry on the grounds that the process leading to the report and white paper was tainted with bias as Fayemi was not accorded fair hearing.
The judge noted that Section 182(1)(i) of the Constitution, on which the suit was based, was no longer in existence having been deleted in 2011 by the National Assembly through the first alteration of the 1999 Constitution.
Justice Musa who answered the two questions posed by the plaintiff in the negative, refused all its prayers and declared the Fayemi was eligible to contest the next governorship election and that the APC was at liberty, under the law to field him as its candidate.
Specifically, Justice Musa held that section 182 of the 1999 Constitution was no longer a valid provision in the constitution having lawfully deleted by the first Alteration Act 2011 and as such, no Nigerian citizen can be disqualified from the section.
