Ado-Ekiti - Gov. Kayode Fayemi of Ekiti, has filed a suit at the Court of Appeal challenging the judgment of an Ado-Ekiti High Court on members of the State Independent Electoral Commission (SIEC).
The court had ordered the reinstatement of SEIC members, who were appointed by the ousted administration and dissolved in October 2010.
The Governor and the state Attorney General, who are the first and second appellants at the Ado-Ekiti Division of the Court, maintained that the judgment delivered on June 14 by Justice John Adeyeye was against the weight of evidence before him.
The respondents in the appeal are retired Maj.-Gen. Kayode Oni, Mrs Tola Ajayi, Mr Tayo Awopetu, Mr Sesan Akinola and Mr Babatunde Odutola, who were members of the dissolved SIEC.
According to court papers made available to journalists in Ado-Ekiti on Sunday, the plaintiff in the suit filed by their counsel who is also the state Attorney General, Mr Dayo Akinlaja, are seeking three relief from the court.
The appellants in the suit marked CA/AE/2012 are praying the court that this appeal be allowed and that the judgment of the lower court be set aside in its entirety.
They are also seeking an order upholding their objection before the lower court and/or the dismissal of the case of the respondents for lacking merit.
The appeal is predicated on three grounds with the appellants maintaining that the trial judge erred in law in assuming jurisdiction when Section 254 (C) of the 1999 Constitution (as amended) has taken away its jurisdiction.
The appellants under the ground number two averred that the learned trial judge erred in law in assuming jurisdiction when the respondents’ case disclosed no cause of action.
They claimed that the lower court should have declined jurisdiction in the matter brought before it by the sacked SIEC members since they (appellants) challenged the competency of the matter.
The appellants also notified the Appeal Court of their intent to file additional grounds of appeal upon receipt of the record of appeal.