Former Commissioner for Finance in Ekiti State, Dapo Kolawole, has filed a suit at the State High Court to restrain the Households of Assembly from passing any resolution for the purpose of issuing a bench warrant against him.
The plaintiff served as the Commissioner for Finance between October 2010 to October 2014 during the administration of former Governor, Dr. Kayode Fayemi. The suit was filed by Kolawole’s counsel Rafiu Balogun.
Kolawole said he had to seek the protection of the court because of an alleged plan by the Ayo Fayose administration to arrest, ridicule and breach his fundamental human rights over a recent interview he granted the Africa Independent Television (AIT) on the management of the state treasury.
The plaintiff in the suit marked HAD/86/2016 is seeking an interlocutory injunction restraining the Assembly Speaker, Clerk and the Commissioner of Police, Ekiti State Command who are the defendants from issuing and signing any warrant of arrest to compel his appearance at the House in connection with an interview he granted AIT.
According to court papers made available to DAILY POST on Thursday shortly after the case was filed, defendants in the suit are the House of Assembly (1st), Speaker (2nd), Clerk (3rd) and the Commissioner of Police (4th).
Kolawole is praying the court to restrain the 4th defendant (Commissioner of Police), his officers, men and agents or anybody deriving authority through him from accepting the warrant of arrest issued by the 1st-3rd defendants against him or act on the warrant pending the determination of the substantive suit.
He averred that he was invited by the 1st-3rd defendants to appear before the House on account of the opinion he expressed during his interview on AIT, maintaining that they lacked the requisite powers to invite him.
“The 1st-3rd defendants are threatening fire and brimstone to issue bench warrant the arrest against the claimant and effect his arrest. If the defendants are not restrained, they will carry out the threat and arrest the claimant bore this case is determined.
“There are serious legal issues to be tried and the fundamental human rights of the claimants against unlawful arrests and forceful appearance before the house ought to be protected by this honorable court pending the determined action of the substantive suit.
“The defendants are determined to ridicule the claimant and no amount of compensation can assuage the claimant if he is afraid and whisked to the Ekiti State House of Assembly and then arraigned on trumped-up charges.
“The defendants will lose nothing if they tarry pending the determination of the rights of the parties by this honorable court. The claimant is prepared to compensate the defendants by cost and undertake to pay damages if the restraining order need not be made in the first place.
“The balance of convenience is in favour of the claimant who would have been humiliated and arraigned on trumped-up charges before this honorable court determine the substantive suit.”
No date has been fixed for the hearing of the suit yet.
Comments