The APC has sued the Ekiti government; they want a retraction, an impeachment and N50billion

March 25, 2015

The Legal Directorate of the All Progressives Congress (APC) presidential campaign council has made good the threat by the party and has now sued the Ekiti State Government before a Federal High Court in Abuja over advertisements by the state Governor, Ayodele Fayose, alluding that APC presidential candidate, Muhammadu Buhari, will die in office.

The APC, through its legal team led by Professor Akinseye George (SAN), is asking the court to compel the Speaker of the Ekiti State House of Assembly to immediately commence impeachment proceedings against Fayose for alleged public misconduct unbecoming of a state governor.

According to reports:

The plaintiffs are also asking the court for a declaration that the publications by Fayose acting as the Coordinator of the Goodluck/Sambo presidential campaign organisation of the Peoples Democratic Party (PDP) cited as the 22nd defendant in the suit in several national newspapers using the statutory funds of the state government constituted a breach of Section 95(1) of the Electoral Act, 2010 as amended and were meant to confer undue advantage on the 22nd defendant, PDP presidential candidate, contrary to Sections 102 and 126(c) of the Electoral Act 2010 as amended, Sections 34(1)(a), 35,36 and 37 of the 1999 Constitution as amended.

Other relief being sought by the plaintiffs are: A declaration that the contents of the publications referred to in relief 1 above and all other similar utterances by Fayose amounted to gross misconduct under the law.

• An order pursuant to sections 95(7)(a) and (b) and 8 of the Electoral Act,2010(as amended) directing the defendants to pay the sum of N1 million and the 22nd defendant to pay the sum of N2 million daily from January 20 until the cessation of the breaches of the Electoral Act complained of herein. Alternatively an order directing the 23rd defendant, the Inspector General of Police (IG) to investigate Fayose pursuant to Section 95 of the Electoral Act 2010(as amended).

• An exemplary and aggravated damages of N50 billion for malicious falsehood contained in the several advertorials and publications which said sum will be used to enhance the course of ethical and responsible journalism.

The plaintiffs through their counsel, James Ocholi (SAN), who is leading three other Senior Advocates of NIGERIA are further asking for a retraction of all the offensive publications complained to be published 10 times on the front pages of major international magazines, television and local newspapers with prominent headlines.

In their statement of claim, the plaintiffs, averred that the defendants were sued as being vicariously liable for the gross misconduct and errant behaviors of Fayose, who is also the Coordinator of the South-west branch of the Dr. Goodluck Jonathan/Sambo presidential campaign organisation with a religious background in white garments church, claimed to be an evangelist at a point, and one of his aides prior to the offensive publications complained of, had forged a medical certificate continuing falsehood on the state of health of Buhari, the presidential candidate of the APC.

The statement also read: “Fayose, whose agents slapped the Chief Judge of Ekiti State and desecrated the judiciary before his election, listed three former Heads of State all from the North-west geographical area of Nigeria, who died in office as Presidents or Heads of State of the Federal Republic of Nigeria, the said publications are pleaded and shall be found useful at the hearing of the suit.

Cited in the suit as the 1st to 23rd defendants are Idowu Adelusi, the Chief Press Secretary to Fayose, the Government of Ekiti State, the Attorney-General of Ekiti State, the Speaker of Ekiti State House of Assembly, the State’s House of Assembly, Ado Ekiti Local Government, the Chairman Aiyekire Local Government Area, the Chairmen and the following local governments in the state, Ekiti East, Ekiti South, Ekiti West, Emure, Ido Osi, Ijero, Ikere, Ikole, Ilejemeji, Irepodun, Ise/Orun, Moba, Oye.

Other defendants are PDP and the IG.

No date has been fixed for the hearing of the suit.

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