Posted by By BOLU-OLU ESHO, Ado-Ekiti on
The application filed by the Ekiti State Government to get a warrant of arrest against the former governor of the state, Ayo Fayose, was on Wednesday dismissed by an Ado-Ekiti High Court, even as the Peoples Democratic Party (PDP) initiates moves to sanction him for anti-party activities.
• PDP refers him to disciplinary panel
The application filed by the Ekiti State Government to get a warrant of arrest against the former governor of the state, Ayo Fayose, was on Wednesday dismissed by an Ado-Ekiti High Court, even as the Peoples Democratic Party (PDP) initiates moves to sanction him for anti-party activities.
In his ruling, the presiding judge, Mr Justice Cornelius Akintayo, said he could not rule otherwise until an order given by a court of coordinate jurisdiction in Lagos is quashed.
He said he could not grant the request of the state government because the order restraining the arrest, molestation, restriction and detention of Fayose still subsists, hence if he grants the issuance of warrant of arrest againt Fayose, it would make mockery of the judiciary since there would be no one to carry out the order since all law enforcement agencies have been restrained by the Lagos order.
Former Chairman of State Universal Basic Education Board (SUBEB), Prince Akintade Olayise, who was the second accused person, was not as lucky.
Based on the Criminal Procedure Laws of Ondo State as applicable in Ekiti State, the judge said the court had the powers to compel anyone who was involved in any criminal matter to appear in court.
Justice Akintayo regretted that the order given by the Lagos High Court has no terminal date, therefore, he had to exercise some restraint in order not to undermine the image of the judiciary. Adebayo, who described the Lagos ruling as a blanket order, said if he granted the order, it would be in futility and would ridicule the judiciary.
Fayose's lawyer, Mr Owoseni Ajayi, said "the ruling is well considered. It's a sound ruling. To have given an otherwise ruling would have caused some consternations in the judiciary, because it would have amounted to giving a conflicting and contradictory order to the one already obtained at the Lagos High Court, a court of coordinate jurisdiction. As regards to the ruling concerning the second accused, I reserve my comment."
Meanwhile, PDP National Chairman, Ahmadu Ali, told reporters in Abuja on Wednesday that the former Ekiti governor would be sanctioned for anti-party activity. He told journalists at a news briefing that Fayose's recent comment that PDP did not win the April elections in Ekiti State was disparaging to the party.
His words:``As someone we assume is still a member of the PDP, his statement amounts to anti-party activity and will be taken up by appropriate disciplinary organ of the party.''
Ali used the occasion to dispel speculations that he influenced the dates of the party's congresses and convention. He blamed the nullification of the PDP calendar for its elections by INEC on what he called ``a simple communication gap between us and INEC''.
He said: ``We were, therefore, left with no option but to reschedule another meeting for January 31, to fix new dates for our congresses and convention.'' The PDP boss also restated his position that the party won the last presidential election 'fairly and squarely."
``We acknowledge that even though there were few lapses which were basically logistical in nature, they, however, had no bearing on the outcome of the elections,'' he said.
Ali further used the day to pay tribute to the late Chairman of Arewa Consultative Forum, Chief Sunday Awoniyi.
``With the passage of Chief Awoniyi, Nigeria has lost one of her wisest and most fertile minds,'' he said, adding that he was in the Senate and Barewa College, Zaria, with the late sage.