The continued sitting of the Judicial Commission of Inquiry investigating the finances of Ekiti State during the administration of the former governor, Dr. Kayode Fayemi, has been described as a contempt of court.
Counsel to Fayemi, Chief Rafiu Balogun, who appeared before the Justice Silas Oyewole-led panel on Friday insisted that his client will not appear before the seven-member jury on how the state funds were spent during his tenure.
Balogun, who was in court for the adoption of his application filed on September 12, also prayed the panel to stay further proceeding on the matter and that Fayemi, who is now Minister of Mines and Steel
Development, should be excused from appearing. Counsel to the panel, Mr. Sunday Bamise, argued that Fayemi’s counsel could not bring an oral submission of hus brief of argument but must file a written address in order to save time.
Fayemi’s counsel, Balogun, countered Bamise urging the panel to compel its counsel to file his written address promising to file his (Balogun’s) reply.
Balogun also urged the panel to allow him file his reply on the appearance of the Commissioner of Finance and Economic Development during the administration of Fayemi, Mr. Dapo Kolawole, who was also summoned by the panel to appear before it and give evidence.
The matter was adjourned to September 18 as Bamise sought the plea of the panel to enable him call his witnesses from the state Ministries of Agriculture and Information to give evidence on issues affecting them.
The panel adjourned to the said date for exchange of written addresses by parties involved.
Shedding more light on why Fayemi will not honour the panel with his appearance in an interview with reporters after Friday’s proceedings, Balogun said the ex-governor had filed three cases pending before courts of competent jurisdiction on the the constitution of the panel.
Fayemi had filed cases before the Federal High Court, Ado-Ekiti, Ekiti State High Court, Ado-Ekiti and High Court of the Federal Capital Territory, Abuja on the matters that touch on the terms of reference of the panel.
Balogun described the resolution passed by the Ekiti State House of assembly empowering Governor Ayo Fayose to set up the panel as an abberation and deliberate contempt for the pendency of suits filed against the state parliament.
The lawyer further stressed that the action negated the Standing Rules of the Ekiti State House of Assembly which forbids discussion of matters pending before the court of law.
Fayemi’s counsel, however, explained that he appeared before the panel to file stay of proceeding on the matter or his client be excused from appearing before the panel if they decline to go ahead.
Balogun pointed out that he was compeled to institute another legal action before the State High Court against Fayose, the chaiman of the panel, Justice Oyewole and six other members of the jury challenging the legality of the body on diverse grounds, including the pendency of the cases.
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