Supreme Court on Thursday affirmed Ekiti State Governor, Kayode Fayemi as the governorship candidate of the All Progressives Congress (APC) in July 14th 2018 governorship election.
The state former Governor and former deputy national chairman (South West) Segun Oni has challenged Fayemi’s candidacy for not resigning as a serving minister before contesting in the party primary election.
Oni submitted that Fayemi participated in the party’s primary on May 12, 2018, before he officially resigned in May 30, 2018.
Oni, argued that the constitution had mandated public office holders to resign their positions at least 30 days before contesting elective position.
According to him, Fayemi’s action is in gross violation of the 1999 Constitution, as amended, as well as APC guidelines.
Justice Amiru Sanusi held that the appeal had become status barred as the suit was caught up by Section 285 of the 1999 Constitution.
He said the above provision of the constitution makes it mandatory for all pre-election cases to be filed within 14 days after the issue in dispute occurred.
The judge explained that the records showed that Oni filed his case at the trial court 42 days after the cause of action.
Sanusi therefore noted that the appellant was clearly in breach of the provision, adding that the suit became incompetent the moment the rule was not observed.