An Ekiti High Court, sitting in Ado-Ekiti yesterday issued a warrant for the arrest of the embattled former governor of Ekiti State, Mr. Ayodele Fayose over the murder of Mr. Tunde Omojola who was murdered at Ifaki-Ekiti on May 28, 2005.
The order was issued at the instance of the Ekiti State government. The government had approached the court, presided over by Justice Cornelius Akintayo for a warrant to apprehend Fayose who is presently being tried for alleged financial crimes. Fayose is being detained at Ikoyi Prison.
In the order titled: “Warrant for the apprehension of the defendant in the first instance in the high court of Ekiti State of Nigeria,” issued to all police officers, Fayose was alleged to have murdered Tunde Omojola at Ifaki-Ekiti, in the Ido Judicial Division.
By the order, the police and other security agencies are “commanded to arrest and bring the defendant before the High Court No. 6, Ado-Ekiti in the Ado Judicial Division sitting in Ado-Ekiti forthwith to answer the said complaint and be dealt with in accordance with the law.”
The certified true copy of the order signed by Prince J.O Adeyemi, Director of Litigation, High Court of Justice, Ado-Ekiti, the authorities of Ikoyi Federal Prison have also been directed to produce Fayose before the Ado-Ekit High Court on January 9 2008.
The order titled: “Warrant to bring a prisoner before the Court” read: “To the keeper of the prison at Ikoyi Federal Prison. Whereas Peter Ayodele Fayose a prisoner under your custody is required to be produced before the court, you are hereby commanded to produce the said prisoner before court at Ado-Ekiti High Court 6 on the 9th day of January at eight o’ clock in the forenoon.”
By this order, Fayose, who is billed to appear in court in Lagos on January 10, 2008 in continuation of his trial for alleged financial crimes, including embezzlement and money laundering, may be arraigned in Ado-Ekiti on January 9, 2008.
The Ekiti State government has for several months been trying frantically to bring the former governor to trial over allegations of murder.
It had filed an application seeking to be joined in a suit instituted by Fayose at the Federal High Court in Lagos, asking it to grant him leave to enforce his fundamental human rights against the Inspector General of Police and the Director General of the State Security Service (SSS) which the presiding judge, Justice Tijani Abubakar consequently granted, holding that the leave would act as a stay on all actions, pending the determination of the ex-governor’s substantive suit.
In a dramatic twist, the Ekiti State Government prayed the court that it was an interested party in the suit, arguing that the ex-governor had a case to answer before the Ado-Ekiti High Court over charges of conspiracy and murder of one Tunde Omojola.
While arguing the Ekiti State government’s joinder application, its lawyer, Mr Bisi Ade-Ademuwagun told the court that it should be joined in the matter as it was the duty of the state to collaborate with other security agencies to maintain law and order.
He added that Fayose�s name had consistently and prominently appeared on the said criminal charge before Ekiti State High Court.
But Fayose had in his counter affidavit of July 23 against the Ekiti joinder application, claimed that the murder charge had no bearing with him adding that Ekiti State had no sufficient interest in the matter and that the state government was aware of the order by the Federal High Court in Akure and the Court of Appeal in Benin that restrained the IG, SSS and the state government from harassing or arresting him.
But Justice Abubakar dismissed the application, saying that the case can be resolved without Ekiti State joining as a party.
Ironically, the same Justice Akintayo had penultimate week refused to issue a warrant for the arrest of Fayose and one of his aides, Chief Akintade Olayisade.
Justice Akintayo said he could not grant the request for a warrant to arrest the suspects in view of the fact that it was not brought via a statement on oath.
Prosecution counsel, Mr Rotimi Jacobs had requested the assistance of the judge to exercise his power under Sections 23, 24 and 25 of the Criminal Prosecution Act to issue a warrant of arrest so as to bring the two accused persons before him.
Jacobs had initially argued that although the Chief Justice had consented to file a charge against the accused on July 17 2007, noting that since then the two accused had been evading service, thus making it difficult for the court to bring them to book.
According to Jacobs, “the first accused surfaced recently in the state only for him to disappear again,” he said, lamenting that the predicament of the law enforcement agencies was the lack of an arrest warrant to apprehend the first and second accused.
“We need your assistance to exercise your lordship’s power under Section 23, 24 and 25 of the Criminal Prosecution Act to issue a warrant of arrest so as to bring the two accused persons before my lord. These sections deal with the power of the court to issue a warrant of arrest once there is a statement on oath,� he submitted.
Dec222007