Suit Seeking To Stop Fayose’s Impeachment Withdrawn
When the case came up yesterday, counsel to the plaintiffs informed the court of his clients intention to withdraw the case.
The trial judge, consequently struck out the case.
The court had at the last adjourned date fixed yesterday for the defendants to come and show cause why the plaintiffs request should not be granted.
A fresh suit has been filed before Justice Evoh Chukwu of the same court.
The fresh suit before Justice Chukwu was filed by seven Peoples Democratic Party (PDP) lawmakers in the House; Dele Olugbemi Joseph, Ajibola Samuel Oyedele, Israel Olowo, Alex Ade Ojo, Adeyinka Adeloye, Adunnsuupe Olayinka and Ayoka Fatunmbi.
Listed as defendants are the Inspector General of Police, Speaker of the Ekiti House of Assembly, Dr. Adewale Omirin and 21 APC lawmakers.
Ruling on an ex-parte application brought by the plaintiffs, last Thursday, the Court ordered the All Progressives Congress (APC) members in Ekiti House of Assembly to maintain the status quo in their bid to impeach the state governor, Ayodele Fayose.
After ordering the lawmakers to maintain the status quo, the judge summoned them to come and show cause why he should not declare their seat vacant and also set aside all the actions taken so far with respect to the impeachment of Fayose.
The plaintiffs in the suit had asked the court to set aside all actions and activities taken by the APC lawmakers.
According to Justice Chukwu, “It is hereby ordered that the status quo ante bellum as at 23 April, 2014 be maintained pending the hearing and determination of the motion on notice.”
The judge also ordered the plaintiffs to issue and serve the originating summons and all other processes in the suit on the defendants in Ekiti State outside the jurisdiction of the court.
The judge further ordered as follows, “That leave is granted to the plaintiffs/applicants to serve the originating summons and all other processes in this suit on the 2nd – 21st defendants by substituted means by advertising same in the newspaper.
“That the service of the Originating Summons and all other processes in this suit on the 2nd to 21st defendants are deemed as proper service.
“That on the application of plaintiffs/applicants’ counsel time is hereby abridged to seven (7) days within which the respondents are to file their processes i.e counter affidavit and written address if any from the date of the publication in the newspaper”.
The case has been adjourned to May 4 for hearing of the motion on notice.
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