The All Progressives Congress Presidential Council (APCPCC) Legal Directorate has dragged the Ekiti State government to a Federal High Court in Abuja over advertisements by the state Governor, Ayodele Fayose, wherein he alluded that the APC Presidential candidate, General Muhammadu Buhari, would die in office.
The 53 plaintiffs led by Professor Akinseye George, SAN, in the suit, are asking the court to compel the Speaker of the Ekiti State House of Assembly and the House of Assembly to immediately commence impeachment proceedings against Fayose for alleged public misconduct unbecoming of a governor.
The plaintiffs are also asking the court for a declaration that the publications by the first to 22nd defendant (Fayose) acting as the Coordinator of the Goodluck/Sambo Presidential Campaign Organisation of the Peoples Democratic Party (PDP) cited as the 22nd defendant in the suit in several national newspapers using the statutory funds of the state government constitute a breach of Section 95(1) of the Electoral Act, 2010 as amended and were meant by the 1st to 21st defendants to confer undue advantage on the 22nd defendant’s presidential candidate, contrary to Sections 102 and 126(c) of the Electoral Act 2010 as amended, Sections 34(1)(a), 35, 36 and 37 of the Constitution of the Federal Republic of Nigeria 1999 as amended.
Other reliefs being sought by the plaintiffs include: “A declaration that the contents of the publications referred to in relief 1 above and all other similar utterances by Ayodele Fayose amounts to gross misconduct under the law.
“An order pursuant to sections 95(7)(a) and (b) and 8 of the Electoral Act,2010 (as amended) directing the 1st to the 21st defendants to pay the sum of N1 million only and 22nd defendant to pay the sum of N2 million only daily from the 20th if January 2015 until the cessation of the breaches of the Electoral Act complained of herein. Alternatively, an order directing the 23rd defendant (the Inspector General of Police, IGP) to investigate Fayose pursuant to Section 95 of the Electoral Act 2010(as amended).
“An exemplary and aggravated damages of N50 billion for malicious falsehood contained in the several advertorials and publications which said sum will be used to enhance the course of ethical and responsible journalism.”
The plaintiffs through their Counsel, James Ocholi, SAN, who is leading three other Senior Advocates of Nigeria are further asking for a retraction of all the offensive publications complained of by the 1st to the 22nd defendants to be published 10 times on the front pages of major international magazines, television and local newspapers with prominent headlines.
In their statement of claim, the plaintiffs averred that the 1st to 21st defendants are sued as being vicariously liable for the gross misconduct of Ayodele Fayose, their Executive Governor who is also the Coordinator of the South West Nigerian Branch of the Dr. Goodluck Jonathan/Sambo Presidential Campaign Organisation with a religious background in White Garments Church, claimed to be an evangelist at a point, and one of his aides prior to the offensive publications complained of had forged a medical certificate continuing falsehood on the state if health of General Buhari, the presidential candidate of the APC.
