Former Ekiti State Governor and current Minister of Solid Minerals, Dr Kayode Fayemi has approached a Federal High Court sitting in Ado Ekiti, the Ekiti State Capital, asking it to set aside the warrant of arrest issued against him by the House of Assembly.
The Assembly had through one of its resolutions called on the Inspector General of Police to give effect to the warrant to bring Fayemi to the the legislative chamber to defend himself against allegation of misappropriation of State Universal Basic Education (SUBEB) funds totalling N852 million.
The lawmakers also accused Fayemi, of fraud in the award of contracts during his administration between 2010 and 2014. Fayemi in a suit filed by his counsel, Rafiu Balogun, copies of which was made available to Vanguard, yesterday, said the action of the lawmakers was politically motivated and done in bad faith.
Fayemi is demanding from the Assembly the sum of N500 million as general damages for the embarrassment, odium, contempt and public ridicule the issuance of the summons and arrest warrant has caused him having been widely circulated in the print, electronic and online media.
He argued that the summons and warrant of arrest issued against him by the Assembly was done in gross violation of the provisions of Sections 128 and 129 of the 1999 Constitution of the Federal Republic of Nigeria. Joined as defendants in the suit are the Assembly, the Speaker, the Inspector General of Police and Commissioner of Police, Ekiti State Command.
Fayemi is seeking a perpetual injunction of the court restraining the 3rd and 4th defendants from arresting him or giving effect to the warrant of arrest issued by the 1st and 2nd defendants in total disregard of the provisions of Sections 128 and 129 of the 1999 Constitution of the Federal Republic of Nigeria.
The ex-governor is also praying the court for a declaration that the issuance of the warrant to compel his appearance to answer questions on the N852 million UBEC funds are issues before a Federal Capital Territory (FCT) High Court and the Economic and Financial Crimes Commission (EFCC) to the knowledge of 1st and 2nd defendants and against the doctrine of separation of powers.
In the affidavit in support of the Originating Summons, Fayemi said he knew as a fact that Ekiti State government did not constitute any Judicial Commission of Inquiry or an Administrative Panel of Inquiry to investigate him or probe his tenure let alone finding him guilty or indicting him for any corrupt practices or misappropriation of funds.
He contended that the resolution to summon him to appear before the Assembly and the subsequent warrant of arrest was a calculated attempt to embarrass him and done to water down the effect of a libel suit he filed at an Abuja High Court against a lawmaker, Samuel Omotoso and an aide to the governor, Lere Olayinka.