AKURE - HOPE of the immediate past governor of Ondo state, Chief Adebayo Adefarati to halt the sitting of the commission of inquiry set up to investigate the award of N20b contract was dashed yesterday as an Akure High Court struck out the application brought by him (Adefarati) to the court.
Chief Adefarati had dragged the commission of inquiry set up by Governor Olusegun Agagu to court in a bid to challenge the constitutionality of the court.
He said that the setting up of the commission contravened section 128 of the 1999 constitution.
In a swift reaction to the motion, Governor Agagu through the director, civil litigation in the Justice Ministry, Mr. Cyril Akinrinsola challenged the conference of the court to entertain the motion while the court was on vacation.
Akinrinsola supported his preliminary motion of objection with five-paragraph affidavit, adding that the action of the plaintiff\applicant was premature and should not be entertained.
But, council to Chief Adefarati, Mr. Adeola Omotunde said that the court was competent to hear and determine the action since there existed a judge to take case of matter during vacation
The judge, Justice (Mrs) O. A. Osoba who fixed ruling for yesterday declared that Chief Adefarati has not come to court in due process and that the motion was incurably defective.
Justice Osoba noted that the plaintiff\applicant has failed to fulfill the condition of precedent by not seeking the leave of the court before filing the motion and as a result the court lacked jurisdiction to entertain the suit during vacation.
According to the judge, by striking out the suit, the plaintiff\applicant could later approach the court for the substantive suit, adding that the suit has not been completely struck out.
The substantive suit has therefore, been adjourned till the resumption of the court from vacation.
Governor Agagu had set up the commission of inquiry which had commenced sitting at the Babafunke Ajasin Auditorium, Igbatoro area, in the metropolis to probe the award of the contact by the immediate past government.
Governor Bola Tinubu of Lagos state was represented by the Secretary to the Lagos State Government, Chief Aro Lambo, while Chief Olusegun Osoba of Ogun State was represented by his SSG, Chief Adepoju Adeyemi. Other AD leaders in attendance were Chief Mufuta Olatunji Hamzat, National Vice-chairman (South-West) Chief George Akosile - state chairman of Ekiti State; Alhaji Moshood Adeoti AD Chairman in Osun state; Alhaji Tajudeen Bello, AD Chairman in Ogun state, chief Samuel Farinu Oyo State AD Chairman Basorun Oyewole for Ondo AD Chairman and several others.
