Jurisdiction: Fayose appeals court ruling as protest continues

Ekiti State governor-elect, Mr Ayodele Fayose has appealed against the ruling of the state High Court, Ado Ekiti Judicial Division, which dismissed the application challenging its jurisdictional power to try him for non-qualification to partake in the June 21 governorship election.
The state capital also witnessed a serious protest from some coalition of youth and women groups in the state who stormed the court premises to protest against a socio-political group, the e-11, over the case it instituted against the appellant.
It would be recalled that the e-11, led by Mr. Adeniyi Ajakaiye and the Citizens Popular Party, has challenged the eligibility of Mr. Ayo Fayose in participating in the June 21 governorship election on account of his impeachment on October 16, 2006, by the then House of Assembly for alleged gross misconduct.
In the appeal suit number HAD/51/2014 and deposed to by his lead counsel, Ahmed Raji, SAN, Fayose averred that the presiding judge, Justice Segun Ogunyemi, who was reported to have withdrawn from the case, misdirected himself in the ruling that the court has jurisdiction to hear the case.
Also joined in the suit are Mr Adeniyi Ajakaiye, Mr Olufemi Ajayi, Peoples Democratic Party and the Independent National Electoral Commission.
The appellant said the trial judge also erred in law to have assumed that he had become functus officio and thus could not set aside a ruling granted ex-parte.
Subsequently, Fayose sought an order setting aside the order of the lower court delivered on the June 6, 2014, abridging the time within which the appellant was to file and serve a counter-affidavit to the originating summons in this action.
An order setting aside the interlocutory ruling of the lower court delivered on September 22 under the jurisdiction of Justice Ogunyemi in respect of the case, and an order extending time within which the appellants may file their counter-affidavits and other relevant processes at the lower court in respect of the action.
He stated that the appellant has 14 days within which to file and serve counter-affidavit to the originating summons pursuant to order 17 rule 16 of the Ekiti State High Court civil procedure rules 2011.
Addressing newsmen in front of the court premises, on behalf of the protesters, Mr Joel Ogunmodede said it would be a great disservice to Ekiti for e-11 to thwart the mandate freely given to Fayose in the June 21 governorship election over frivolous allegation.
The protesters, who condemned the action of the litigants, said there was a subterranean efforts by some top government officials in connivance with these people to scuttle Fayose’s swearing-in on October 16, saying Ekiti people would resist such action.
He described the litigants’ action as an attempt to steal the mandate of the people and plunge Ekiti into crisis for possible declaration of a state of emergency.