The appeal was against an earlier judgment of the Court of Appeal, which upheld the decision of a Federal High Court, dismissing Oni’s suit challenging Fayemi’s eligibility to contest the last governorship election held in the state on June 14, 2018.
Justice Sanusi said the case was not commenced in accordance with the provision of Section 285 of the Constitution, requiring all pre-election cases to be initiated within 14 days of the occurrence of the cause of action. Another member of the panel, Justice John Okoro faulted the attitude exhibited by the appellant and advised politicians to always act decently.
He prayed the court to declare that Fayemi was not eligible to contest the election on the grounds that he was not validly nominated, having allegedly failed to resign his position as Minister of Mines and Steel Development 30 days before the primary election. The case, which was initially filed before the Federal High Court, Abuja, was transferred by Justice Babatunde Quadri to the court’s division in Ado-Ekiti, on grounds of jurisdiction.
The Court of Appeal, among others, said Fayemi’s failure to resign as the then Minister of Solid Minerals to contest the May 12, 2018 governorship primary where he emerged as the candidate of APC was not enough to disqualify him.
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