Conflicting signals are emanating from Ekiti State judiciary and the National Judicial Council (NJC) over the resumption of the suits by E-11, challenging the eligibility of Ekiti State governor, Mr Ayodele Fayose, to contest the June 21 governorship election which he won.
Nigerian Tribune gathered that Justice I.O.I Ogunyemi, who was handling the suit before the disruption of proceedings on September 22, had returned the case-file to the Chief Judge, Justice Ayodeji Daramola and subsequently disqualified himself from further hearing of the two suits.
In the two separate but similar cases in suits no HAD51/2014 and HAD52/2014, the plaintiffs wanted the court to hold that Fayose was not eligible to stand for the said election, having been impeached during his first term in 2006.
They contended that the provision of Section 182 (1) (h) made it compelling for Fayose to get either a presidential pardon or that of the state House of Assembly before he could stand for election within 10 years of his alleged indictment, upon which his impeachment was predicated.
It was learnt that instead of the suits being assigned to another trial judge, following Ogunyemi’s voluntary withdrawal, there were reported plans to have him back on the cases.
The Chief Judge, according to sources within the state judiciary, had not only pencilled in Ogunyemi for the fresh hearing, Nigerian Tribune was told last night that the judge had reportedly taken possession of the case files again and could announce a new hearing date soon.
Daramola and Ogunyemi reportedly predicated their fresh move on an alleged directive by the NJC that Ogunyemi must hear the suits.
They were said to have told parties in the cases, especially those who kicked against Ogunyemi’s imminent return as the trial judge, that the council’s alleged directive was verbal.
However, Nigerian Tribune’s checks at the council turned up a contrary position.
A council source denied any directive being issued to either of Daramola or Ogunyemi on the matter, with the source adding that what the council said to the Chief Judge was to open all the courts he shut down in the wake of the alleged attacks on Ogunyemi and Justice Adeyeye.
The source explained that it was not the prerogative of the council to give directives on judges that should handle certain cases, adding that the allocation of cases was purely the function of the chief judge of a state judiciary.
As of last night, checks showed that Ogunyemi was still scheduled to handle the controversial cases.
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