Ekiti State House of Assembly Speaker Adewale Omirin and 18 other members have applied to withdraw their suit against Governor Ayo Fayose and others, which they filed at the Federal High Court in Lagos.
They filed a notice of discontinuance seeking to end the suit pending before Justice Saliu Saidu.
The 19 lawmakers, who belong to the All Progressives Congress (APC), sued the Inspector-General of Police, Suleiman Abba, the Department of State Security Services (DSS), and the purported “Speaker”, Dele Olugbemi, who was “elected” by seven Peoples Democratic Party (PDP) members after claiming to have “impeached” Omirin.
The plaintiffs also joined members loyal to Olugbemi as defendants, namely Samuel Ajibola, Adeojo Alexander, Adeloye Adeyinka, Israel Ajiboye, Fatunbi Olajide, Olayinka Abeni; as well as the commissioner of Police.
Three commissioners purportedly cleared by the House under Olugbemi – Oweseni Ajayi (Attorney-General), Kayode Eso (Works) and Toyin Ojo (Finance) were joined as defendants.
In their originating summons, the lawmakers prayed the court to declare that Omirin and his deputy were entitled to occupy their offices, except removed by the votes of two-thirds majority of the Assembly.
They also sought a declaration that Fayose’s alleged attempt to force them to join the PDP was against their constitutional right to freedom of association.
They urged the court to nullify the purported removal of the Speaker and his deputy as unconstitutional; to hold that Olugbemi’s election as Speaker was illegal, and to declare their deliberations invalid.
Among others, the plaintiffs also asked for an order of mandatory and perpetual injunction restraining the defendants from laying claim to offices they were not duly appointed to.
The 19 lawmakers signed the notice of discontinuance, dated April 7.
Omirin, who was elected as Speaker on June 6, 2011, said a team of armed security operatives were deployed to the Assembly last November 17, and prevented the plaintiffs from conducting their legislative duties.
While the APC lawmakers were held up outside the gate, PDP’s seven lawmakers were escorted into the Assembly, where they confirmed two commissioners and approved the appointment of local government caretaker committee chairmen and members.
Fayose objected to the suit, saying he could not be sued outside Ekiti State where the “cause of action” took place, adding that the court lacked the “territorial jurisdiction” to decide the case.