The immediate past governor of Ekiti State and Minister of Mines and Steel Development, Dr Kayode Fayemi, has urged a High Court in Ado-Ekiti, to restrain the state government and the Judicial Commission of Enquiry set up by Governor Ayodele Fayose to probe his administration from going ahead with the exercise.
In a suit marked, HAD/57/2017, the minister, is asking the court to restrain the governor, Attorney- General and members of the judicial commission of enquiry from taking any step, following the pendency of two cases on the planned probe in courts of competent jurisdiction.
He equally challenged the competence of the judicial commission of enquiry seeking a declaration that a motion and subsequent resolution of Ekiti State House of Assembly directing the governor (first defendant) to set up the judicial commission of enquiry to investigate or probe his administration are unlawful, illegal and ought to be declared null and void.
According to him, the resolution was passed during the pendency of a case involving him and the Ekiti State House of Assembly and its speaker, which touched on the legality of the summons and powers of the Assembly to conduct any investigation or direct any other person or body to do so without strict compliance with the tenets of the 1999 constitution.
He averred that the Ekiti State House of Assembly acted in flagrant contravention of the principle of separation of powers and had committed a fundamental breach of its standing order and doctrine of subjudice by revisiting the issue of investigation of his administration and passing a resolution for the setting up of a judicial commission of enquiries with terms and reference that would prejudice the outcome of the case between him, the House of Assembly and its speaker.
Fayemi is also seeking a declaration that the House of Assembly cannot exercise its power under Section 128 of the 1999 Constitution, to direct Ekiti State Governor to set up a judicial commission of enquiry to investigate his administration while the House had earlier conducted itsinvestigationand submitted its report to EFCC.