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Appeal court affirms Fayose’s immunity

Posted by By TONY OSAUZO, Benin on 2007/02/15 | Views: 384 |

Appeal court affirms Fayose’s immunity


The Court of Appeal sitting in Benin Wednesday upheld the injunction granted by an Akure Federal High Court, barring the Inspector-General of Police, the Economic and Financial Crimes Commission, EFCC, and the State Security Services (SSS) from arresting, detaining or prosecuting impeached Governor of Ekiti State, Mr. Peter Ayodele Fayose.

The Court of Appeal sitting in Benin Wednesday upheld the injunction granted by an Akure Federal High Court, barring the Inspector-General of Police, the Economic and Financial Crimes Commission, EFCC, and the State Security Services (SSS) from arresting, detaining or prosecuting impeached Governor of Ekiti State, Mr. Peter Ayodele Fayose.

The lead ruling of the court delivered by Justice A. A. A. Gumel, followed an appeal against the decision of the lower court by the Inspector-General of Police and the Attorney General of the Federation, who asked that the order be vacated.

The Court of Appeal in its ruling, held that the order granted by the lower court could not be faulted and was not unreasonable.
"It is a law in this country that a serving governor has immunity", the court ruled, and therefore, dismissed the application of the appellants for a stay of execution of the restraining order.

The court did not, however, decline to grant the applicants’ prayer seeking for a stay of proceedings at the lower court pending the determination of the appeal on the issue of jurisdiction.
The Appeal Court held that since all the respondents in the case had challenged the jurisdiction of the lower court to entertain the originating summons, the issue of jurisdiction was "robust, remedial and alive."

"I am of the view that a stay of further proceedings at the lower court ought to be granted and is granted," the court ruled, adding that an application for stay of proceedings could not be granted as a matter of course but based on stringent conditions.

Other Justices of the court, Justices S.A. Alagoa and G.O. Soremi concurred with the lead ruling of Justice A.A.A Gumel.
No date has been fixed for hearing on the issue of jurisdiction of the lower court to entertain matters pertaining to impeachment.

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Comments (3)

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Okfold(Sobe, Edo, Nigeria)says...

I want the meaning of female owan name Ekeke (Edo state)

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Toluwalase Samuel Olufemi(Ijebu, Ogun, Nigeria)says...

Authority belongs to God, once He decrees it is final and binding

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Ikponmwosa Osamede(Edo, Nigeria)says...

Your meaning of Osamede is wrong. Osamede means God has given me a crown