Court rejects Adefarati's motion to stop probe
From Niyi Bello, Akure
AN Akure High Court yesterday dismissed an application by former Ondo State Governor, Adebayo Adefarati, challenging the constitutionality of a Commissioner for Inquiry set up by the incumbent, Dr. Olusegun Agagu, to probe contracts totalling N20.2 billion awarded by his (Adefarati's) administration.
In an application filed by Adefarati through his counsel, Chief Wole Olanipekun (SAN), the former governor argued that the five-man commission would not give him fair hearing in the matter. He also prayed the court to rule that the commission, which began public sitting last Monday, had no legal backing to summon him or any of his officials on the matters slated for probe.
Although, the commission promised fair hearing to all the parties involved, the state government, through a director in the Ministry of Justice, Mr. Cyril Akinrinsola filed a preliminary objection to the suit.
Akinrisola promised his objection, which he made on behalf of Governor Agagu, the first defendant in the suit, that the High Court was not competent to sit during vacation to entertain the suit.
The state counsel also urged the court to dismiss the case, stressing that the action of Adefarati, which was instituted even before the commission made its maiden sitting, was premature.
Mr. Adeola Omotunde, who represented Olanipekun, said the court was competent to hear and determine the suit, since there was a judge to take care of matters during vacation.
After listening to the submissions of both counsels, the court ruled that Adefarati did not follow due process in the filing of his application.
Describing the originating summons as "incurable and defective," the judge noted that the former governor had failed to fulfil some conditions by not seeking the leave of the court before filing the motion.
The court, therefore, ruled that it lacked the jurisdiction to entertain the summons, but even if the matter was struck out, justice could still be done to the plaintiff at a later date.
Last Wednesday, the commission adjourned sitting till next Monday when the probe of the N17.5 billion Igbokoda-Ayetoro road contract will begin.
