Fayemi’s Probe: Court Okays Ekiti Judicial Commission of Inquiry, says; “Fayose acted constitutionally”

A High Court in Ado Ekiti today, affirmed the legality of the Judicial
Commission of Inquiry set up by the state government to look into
financial transactions of the state between 2010 and 2014, saying the
Ekiti State Governor, Mr Ayodele Fayose has powers to run affairs of
his state and that he had exclusive rights to set up commission of
inquiry without the prompting of the House of Assembly and that he
properly so acted.

Accordingly, all other Reliefs seeking to set aside and perpetually
restrain the Commission were dismissed.

Justice Lekan Ogunmoye, who delivered the judgment in the suit filed
by the former Governor of Ekiti State, Dr. Kayode Fayemi against the
commission of inquiry set up to investigate allegations of fraud
against his administration, said Governor Fayose acted pursuant to
Section 2 (1) of the Commission Inquiry Law Cap C10 Laws of Ekiti
State.

He said the governor does not need consult the House of Assembly or
anyone before setting up the commission of inquiry.

The court however agreed that the State House of Assembly had no
rights to direct the governor to set up the inquiry.

Governor Fayose had in May, this year, constituted a judicial panel,
led by a former acting chief judge of the state, Justice Silas
Oyewole, to probe Fayemi's administration between October 2010 and
October 2014 over alleged financial misappropriation.

Fayemi had filed suit No. HAD/57/2017, seeking an injunction 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.

The Minister for Steel and Minerals Resources Development also alleged
that all the members of the panel were the governor's apologists,
adding that there was no way the panel would be fair to him.

Reacting after the judgment, Fayemi's counsel, Mr. Akingbade
Ogunmoyela said the court has agreed that the State House of Assembly
has no right to direct the governor to set up the inquiry, saying it
was of the opinion of the court based on the Ekiti Commission of
Inquiry law that the governor has right to set the commission.

He said he wouldn't know whether or not his client would appeal the judgment.

In his reaction, counsel to the state government, Mr. Sunday Ashana
said he was happy with the judgment because the court established that
the governor has the right to set up the commission. He stressed the
state government acted in accordance with the law that set up the
commission.