Ekiti State governor-elect, Mr Ayodele Fayose has appealed against the ruling of a High Court sitting in Ado-Ekiti on its jurisdiction to hear a case filed by a socio-cultural group, E-11 against him.
This was even as a Coalition of Ekiti Youths and women groups yesterday stormed the High Court premises to protest against the socio-cultural group for instituting the suit against Fayose.
In the appeal deposed to by his lead counsel, Ahmed Raji (SAN), Fayose averred that the presiding judge, Justice Segun Ogunyemi, who had been reported to have withdrawn from the case, misdirected himself in the ruling that the court has jurisdiction to hear the case.
Joined in the suit are Mr Adeniyi Ajakaiye, Mr Olufemi Ajayi, PDP and INEC.
[eap_ad_2] The appellant said the trial judge also erred in law to have assumed that he has become functus officio and thus could not set aside a ruling granted ex-parte.
Subsequently, Fayose sought an order setting aside the order of the Lower Court delivered on June 6, 2014, abridging the time within which the appellant was to file and serve a counter-affidavit to the originating summons in this action.
He further sought an order setting aside the interlocutory ruling of the Lower Court delivered on September 22 under the jurisdiction of Justice Ogunyemi in respect of the case and an order extending time within which the appellants may file their counter-affidavits and other relevant processes at the Lower Court in respect of the action.
He stated that the appellant has 14 days within which to file and serve a counter-affidavit to the originating summons pursuant to Order 17 Rule 16 of the Ekiti State High Court Civil Procedure Rules 2011.
Mr Joel Ogunmodede who spoke on behalf of the protesters said it would be a great disservice to Ekiti for e-11 to thwart the mandate freely given to Fayose in the June 21 governorship election over frivolous allegations against him. (Leadership)
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