Oni asked the court to determine if Fayemi's action did not violate the Nigerian constitution and the guidelines of the ruling party primary.
A former governor of Ekiti State and governorship aspirant of the All Progressives Congress (APC) in the state's July 14, 2018 election, Segun Oni, has challenged the emergence of Kayode Fayemi as the party's flagbearer in the election.
Oni filed a suit at a Federal High court in Abuja, asking the court to determine if it was proper for his opponent to contest the primary without resigning as a member of the federal cabinet.
Fayemi was the Minister of Mines and Steel under the President Muhammadu Buhari administration. He resigned from the position after he won the APC primary.
At the May 12, 2018 primary, the former minister polled a total of 941 votes, to defeat Oni, his closest rival, by a margin of over 460 votes.
According to the court document seen by TheCable, Oni asked the court to determine if Fayemi’s action did not violate the Nigerian constitution and the guidelines of the ruling party primary.
The suit was filed on Oni's behalf by his lawyer, Gani Faniyi,
The document reads: "Whether by virtue of All Progressives Congress constitution and particularly Articles 2 and 5 of All Progressive Congress 2014 Guidelines for the nomination of candidates for public office as applicable to the A.P.C Governorship primaries conducted on the 12th May, 2018, the 1st Defendant being a serving member of the Federal Executive and Federal Minister of Solid Minerals, Mines and Steel Development having not resigned his appointment as a member of Federal Executive and Minister of Solid Mineral, Mines and Steel Development, at all or at least 30 days to the said primaries election of 12th May, 2018 was qualified to contest and participate in the said All Progressive Congress Governorship primaries of 12th May, 2018 as an aspirant in that election.
"Whether by virtue of All Progressive Congress Constitution and particularly Articles 2 and 5 of All Progressive Congress 2014 Guidelines for the nomination of candidates for public office as applicable to the A.P.C Governorship primaries conducted on the 12th May, 2018, at Damilek Event Centre, Ado-Ekiti for the purpose of determining or nominating the 2nd Defendant candidate for the 12th July Ekiti State Governorship election, the 1st Defendant having being indicted by Rtd. Hon. Justice Oyewole Judicial Panel of Enquiry was qualified to contest and participate in the said All Progressives Congress Governorship primary of 12th May, 2018 as an aspirant in that election."
Among the reliefs Oni is seeking are: "A declaration that the claimant (Oni) having scored 481 votes which is the majority of lawful and valid votes at the 2nd Defendant (APC) the 12th May, 2018 A.P.C Governorship primaries election for the purpose of determining the 2nd Defendant’s candidate for the 14th July 2018 election for the office of Governor Ekiti State is the person that was validly nominated by the 2nd Defendant for the 14th July, 2018 election for the office of Governor, Ekiti state."
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Fayemi, who resigned as a minister on May 30m is also a former governor of the Ekiti State. He had appointed Opeyemi Bamidele, a governorship aspirant of the APC, as the director-general of his campaign.