The Assembly
had through one of its resolutions called on the Inspector General of Police to
give effect to the warrant to bring Fayemi to the legislative chamber to defend
himself against allegation of misappropriation of State Universal Basic
Education (SUBEB) funds totalling N852 million.
Former Ekiti
State Governor and current Minister of Solid Minerals, Dr Kayode Fayemi has
approached a Federal High Court sitting in Ado Ekiti, the Ekiti State Capital,
asking it to set aside the warrant of arrest issued against him by the House of
Assembly.
The lawmakers
also accused Fayemi, of fraud in the award of contracts during his
administration between 2010 and 2014. Fayemi in a suit filed by his counsel,
Rafiu Balogun, copies of which was made available to Vanguard, yesterday, said
the action of the lawmakers was politically motivated and done in bad faith.
Fayemi is
demanding from the Assembly the sum of N500 million as general damages for the embarrassment,
odium, contempt and public ridicule the issuance of the summons and arrest
warrant has caused him having been widely circulated in the print, electronic
and online media.
He argued
that the summons and warrant of arrest issued against him by the Assembly was
done in gross violation of the provisions of Sections 128 and 129 of the 1999
Constitution of the Federal Republic of Nigeria. Joined as defendants in the
suit are the Assembly the Speaker, the Inspector General of Police and
Commissioner of Police, Ekiti State Command. Fayemi is seeking a perpetual
injunction of the court restraining the 3rd and 4th defendants from arresting
him or giving effect to the warrant of arrest issued by the 1st and 2nd
defendants in total disregard of the provisions of Sections 128 and 129 of the
1999 Constitution of the Federal Republic of Nigeria.
The
ex-governor is also praying the court for a declaration that the issuance of
the warrant to compel his appearance to answer questions on the N852 million
UBEC funds are issues before a Federal Capital Territory (FCT) High Court and
the Economic and Financial Crimes Commission (EFCC) to the knowledge of 1st and
2nd defendants and against the doctrine of separation of powers.
In the
affidavit in support of the Originating Summons, Fayemi said he knew as a fact
that Ekiti State government did not constitute any Judicial Commission of
Inquiry or an Administrative Panel of Inquiry to investigate him or probe his
tenure let alone finding him guilty or indicting him for any corrupt practices
or misappropriation of funds.
He contended
that the resolution to summon him to appear before the Assembly and the
subsequent warrant of arrest was a calculated attempt to embarrass him and done
to water down the effect of a libel suit he filed at an Abuja High Court
against a lawmaker, Samuel Omotoso and an aide to the governor, Lere Olayinka.
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