An Ado-Ekiti High Court, has refused an application filed by Minister of Solid Minerals, Kayode Fayemi, praying for an interim order to restrain the Judicial Panel of Inquiry, set up by Ekiti State Government, from further sitting, pending the hearing of a motion for an injunction.
Justice Lekan Ogunmoye, in a ruling on Tuesday, held that Fayemi’s request for an interim order cannot be granted, because the defendants filed a notice of preliminary injunction challenging the competence of the court to hear the substantive suit.
Recall, that the Ekiti State Government has accused Fayemi of corruption, when he held sway as Governor of the State.
However, Fayemi’s prayer for an accelerated hearing of the case was granted, as the court ruled that the substantive suit would now be taken together with the defendant’s preliminary objection, on the next adjourned date of July 31.
Justice Ogunmoye, said he had taken a judicial notice of all processes before him, but held that it has been settled in law, what the court considers before granting such application.
The Judge held that there was a pending notice of preliminary objection by the defendants, in which the competence of the court to hear the substantive matter was being challenged.
While citing many authorities to buttress his position, Justice Ogunmoye, held that the issue of court’s jurisdiction over any matter was paramount and fundamental to any case at hand, hence it should be determined for its adjudication, not to be rendered an exercise in futility.
The Judge ruled: “I have no power to grant the application for interim injunction before me, but justice of the matter demands that it will be given an accelerated hearing. The motion is hereby refused.”
Fayemi’s Counsel, Rafiu Balogun, said the court was fair to both parties in granting defendant’s prayer, that the application for interim injunction be refused, while at the same time granting his client’s prayer for accelerated hearing of the substantive case.
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