ADAMU AUGIE, JCA (DELIVERING THE LEADING JUDGEMENT): Dr. Ayodele Peter Fayose was the Executive Governor of Ekiti State from May 2003 until October 2006, when he was impeached by the Ekiti State House of Assembly, acting upon a report submitted by a seven-man panel headed by Barrister Dele Omotosho. During that time, the substantive Chief Judge of the State was suspended and replaced with another Chief Judge, who had inaugurated the seven-man panel that indicted Dr. Fayose.
Disgruntled by the state of affairs in the Judiciary of the State, Dr. Fayose filed an action by originating summons at the Federal High Court, Akure, wherein he sought answers to the questions -
(1) Whether in view of the flagrant disregard of the clear provision of Section 188(5) of the 1999 Constitution, the Plaintiff who is the Executive Governor of Ekiti State could be held to have been impeached by the 1st Defendant.
(2) Whether the Plaintiff as the Executive Governor of Ekiti State could be denied of the rig…