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The All Progressives Congress Presidential Campaign Council and 53 others, including a Senior Advocate of Nigeria, Prof. Akinseye George, have asked the Federal High Court in Abuja to compel the Ekiti State House of Assembly to immediately commence impeachment proceedings against the state governor, Mr. Ayodele Fayose.
The plaintiffs filed the suit FHC/ABJ/CS/266/2015 on March 23, 2015.
They accused Fayose of gross misconduct allegedly committed by suggesting in an advertisement in some national newspapers that the APC’s presidential candidate Maj. Gen. Muhammadu Buhari (retd.) could die in office if he was elected.
The APC and the other plaintiffs also prayed the court to award the sum of N50bn against Fayose and 21 other defendants in the suit for malicious falsehood against Buhari.
The Inspector-General of Police, Mr. Suleiman Abba, is the 23rd defendant.
The APC, which sued through its Legal Directorate, and the other plaintiffs in the suit alleged that such act by Fayose was a public misconduct “unbecoming of a Nigerian state governor”.
The plaintiffs alleged that the first 22 defendants, including Fayose, who is described in the suit as a Coordinator of the Goodluck/Sambo Presidential Campaign Organisation of the Peoples Democratic Party, sponsored the publications, using the statutory funds of Ekiti State government.
They therefore want the court to declare that the act of the defendants constituted a breach of Section 95(1) of the Electoral Act, 2010 as amended.
They also want the court to declare that the publications by the defendants were meant to confer undue advantage on the PDP’s 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 Constitution of the Federal Republic of Nigeria 1999 as amended.
Other prayers of the plaintiffs are, “A declaration that the contents of the publications referred to in relief 1 above and all other similar utterances by Ayodele Fayose amounts 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 1st to the 21st defendants to pay the sum of one million Naira only(N1m) and 22nd defendant to pay the sum of two million (N2m only) daily from the 20th of January 2015 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) to investigate Fayose pursuant to Section 95 of the Electoral Act 2010(as amended).
“An exemplary and aggravated damage of N50bn 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 all the offensive publications by the defendants to be published 10 times on the front pages of major international magazines, television and local newspapers with prominent headlines.
The defendants in the suit include Fayose’s Chief Press Secretary, Idowu Adelusi; Ekiti State Government; the state’s Attorney-General, the Speaker of Ekiti State House of Assembly, and the state House of Assembly.
They also include the chairmen of the following local government areas in Ekiti State: Ado Ekiti, Aiyekire, Ekiti East, Ekiti South, Ekiti West, Emure, Ido Osi, Ijero, Ikere, Ikole, Ilejemeji,, Irepodun, Ise/Orun, Moba, Oye.
Other defendants are Fayose, PDP and the Inspector General of Police.
No date has been fixed for the hearing of the suit.
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