A Federal High Court sitting in Abuja will on Friday decide on whether it has jurisdiction to entertain the suit seeking to stop the 19 All Progressives Congress members of the Ekiti State House of Assembly from carrying out the impeachment of Governor Ayodele Fayose and his deputy, Kolapo Olusola.
The suit is however expected to become a mere academic exercise with the dissolution of the Seventh Ekiti State House of Assembly.
Notwithstanding, Fayose still pleaded with the judge to transfer the matter to Ekiti State High Court if he discovers that the Federal High Court, Abuja Division lacks jurisdiction.
The Governor made the plea through his counsel, Ahmed Raji (SAN), on Thursday while addressing the court on the issue of jurisdiction.
He urged the judge to transfer the matter by exercising his powers under Section 22 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) without conceding to the argument of the lawmakers that the court lacks jurisdiction.
Raji maintained that the suit was proper before the court and it was not an abuse of court process.
However, Terrance Wende, the counsel to the legislators, urged the court to vacate its interim order and hold that it has no jurisdiction because the plaintiff did not obtain leave of the court before he filed and served the defendants outside the jurisdiction.
Wende made reference to another suit filed by Fayose and Olusola on the same issue but which they have withdrawn.
He said that their ex-parte application for an interim order stopping the impeachment notice served on them and the moves to remove them from office was refused.
Wende informed the presiding Judge, Justice Evoh Chukwu, that rather than granting the prayers for interim injunction, Justice Mohammed ordered the defendants in the suit, including the Speaker of the House, Adewale Omirin, and the Chief Judge of the state, Justice Ayodeji Daramola, to appear before him.
They are to show cause why the order of interim injunctions being sought by the plaintiffs should not be granted.
Apart from Omirin and Daramola, the other defendants in the suit are the Inspector-General of Police, Suleiman Abba; and the Independent National Electoral Commission.
The plaintiffs, apart from Fayose and Olusola, are the House of Assembly and Dele Olugbemi, who was appointed by seven Peoples Democratic Party lawmakers as their speaker.
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