Fayose can’t ‘govern’ Ekiti, says APC
The All Progressives Congress (APC) in Ekiti State yesterday told the Election Petitions Tribunal sitting in Ado-Ekiti, the state capital, that the governor-elect, Mr. Ayodele Fayose, cannot serve as governor due to his impeachment by the House of Assembly in 2006.
The party, in a petition deposed to by its lead counsel, Lateef Fagbemi (SAN), said Fayose allegedly submitted a fake Higher National Diploma (HND) certificate, said to have been obtained from The Polytechnic, Ibadan, to the Independent National Electoral Commission (INEC).
The party is challenging INEC’s declaration of Fayose as the winner of the June 21 election on the grounds that the Peoples Democratic Party (PDP) candidate did not have the required number of valid votes.
The APC accused INEC of electronically rigging the election in Fayose’s favour.
Other grounds given by the party include “excessive militarisation, arrest and intimidation” of some of its members by security agencies.
The PDP brought 35 witnesses to the tribunal.
In its preliminary objection deposed to by its lead counsel, Yusuf Ali (SAN) and filed by the party’s State Legal Adviser, Mr Kolapo Kolade, the PDP urged the tribunal to nullify the APC’s pleas due to the “non-joinder and mis-joinder of parties in the case”.
Kolade said: “The APC is claiming that Fayose did not score the highest number of votes and that his election should be nullified and Governor Kayode Fayemi, who was not joined as a petitioner, be declared winner. This is a case of non-joinder.
“Then what is the reason behind the joining of the chief of Defence Staff as a respondent in this case? The military did not partake in the electoral process and this is a clear case of mis-joinder.”
He urged the court to strike out the petition, saying some of the issues raised, particularly the certificate matter, was “contrary to “the principle of estoppels”.
Kayode said the controversy about Fayose’s HND certificate was resolved at an Appeal Court in Ibadan in 2003 and gazetted in the court’s records.
The hearing continues.
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