The apex court in a unanimous Judgment delivered by Justice Amirul Sanusi dismissed the suit on the grounds that it has become statute barred and a mere academic exercise.
In the verdict, the court held that Oni’s suit was caught up with section 285 of the 1999 constitution which makes it mandatory that all pre-election cases must be filed within 14 days the cause of action arose.
Justice Sanusi said that from the available record at the disposal of the court the case of the appellant was filed 42 days after the cause of action arose thereby making the suit legally incompetent to be adjudicated upon.
Mr. Oni who was a governorship aspirant in the last primary election conducted by the All Progressives Congress for the nomination of the flag bearer had dragged Governor Fayemi to court praying for an order disqualifying him from participating in the last governorship election in Ekiti State.
The grouse of his appeal was that Fayemi did not resign as Minister of Solid Mineral three months before the election as required by law.
Mr. Oni also predicated his case on the report of a Commission of Enquiry set up by Ekiti State Government under former Governor Ayodele Fayose which indicated and prohibited Fayemi from holding public office for a period of 10 years.
But Justice Sanusi upheld the preliminary objection raised against the appeal of Oni that the suit has no life in it having been filed outside the 14 days required by law to be competent.