By; OLADELE ADEDAYO, Ado-Ekiti
An Ekiti State High Court in Ado-Ekiti. on Wednesday okayed the Judicial Commission of enquiry currently probing alleged misappropriation of funds levelled against ex-governor Kayode Fayemi during his administration as governor of the state between 2010 and 2014.
It would be recalled that the Ekiti State House of Assembly had directed the state government to set up a panel of enquiry into the alleged misappropriation of funds after the ex-governor had failed to show up for three consecutive times he was invited for clarifications on the allegations by the Assembly.
Governor Ayo Fayose, acting on the constitutional directive handed to him by the Assembly had constituted the Judicial Commission of Enquiry on June 3, the Commission was head by retired Justice Silas Oyewole.
The commission had since began its judicial sittings and revealing other alleged mind boggling shady deals during the ex-governor’s tenure.
But in reaction, Fayemi had, through his counsel, Akingbade Ogunmoyela, filed an application praying for the nullification of the judicial probe at the High court in Ado Ekiti.
Fayemi had alleged that the state governor had no power to set up the Commission of inquiry and that the membership of the panel would be biased based on their composition.
In his judgement yesterday, the trial judge, Justice Lekan Ogunmoye, ruled that: ” the Executive Governor of the state, in pursuant to the 1999 constitution as amended, reserved the powers to set up a judicial commission of inquiry to probe any alleged misappropriation of funds and related allegations and that the former governor had no evidence of bias in the membership of the Commission.”
Justice Ogunmoye also held that the state Assembly overstepped its bounds in some sections of the law that established it to summon persons or institutions on financial misappropriation.
He thereby dismissed some of the reliefs brought by former governor on grounds that they were not enough to nullify the composition of the judicial commission of enquiry to probe his four year tenure.