In a letter dated 30th May, 2014 from the national headquarters of the party and signed by its national secretary, Professor Wale Oladipo, the party requested that the Chief Judge transfer the cases which were assigned to Justice Monisola Abodunde, with number HAD/51/2015 brought against the candidature of Fayose by Mr. Adeniyi Ajakaiye and another one against the PDP by Citizens Popular Party (CPP).
The PDP said: "In as much as we have implicit confidence in the judiciary to dispense justice according to the rule of law, we shall not, however, hesitate to express our concerns over an established likelihood of bias on the part of the presiding judge in the above two political cases in which we are defendants."
The party said that the suit filed by Ajakaiye and Mr. Olufemi Ajayi against Fayose was "instituted by members of E-Eleven, a socio-political group sympathetic to the ruling All Progressives Congress (APC) in Ekiti State." It added that, "the case between CPP and two others versus the PDP and three others also before the same judge is the same both in content and in reliefs sought."
According to the party, "Mr. Banji Abodunde, the husband of Justice Abodunde, is a principal member of E-Eleven who are the processors, sponsors and the originators of the two cases. Mr. Abodunde is a consultant contractor to the ruling APC government and he is also in the management board of Fountain Hotel assigned to the E-Eleven to manage on behalf of the government," it added.
The PDP also stated that the first son of Justice Abodunde "is working directly with Dr. Kayode Fayemi, the governorship candidate of APC," and contended that, "If our candidate is disqualified at zero hour to the election, the APC ruling government whose interests the E-Eleven is representing will be the obvious beneficiary."
While claiming that members of the E-Eleven were already celebrating their 'assured, victory over these cases, the PDP also alleged that "Justice Abodunde is reported to have sworn to assume jurisdiction over this matter which is clearly a case for the Federal High Court in view of the federal agency (INEC) involved in the matters and deliver judgment in record time before June 21st of 2014."
The E-Eleven had in the suit sought to stop Fayose from contesting the June 21 governorship election in Ekiti State on the grounds that he was impeached in 2006 and that he swore to an affidavit denying that he was impeached.
Fayose, however, said he was forced out of office based on "orchestrated charges and failed impeachment," claiming that "in October 2006, Ekiti State Judiciary was manipulated by the State House of Assembly as it suspended the substantive Chief Judge, Justice Kayode Bamisile and appointed Justice Jide Aladejana as the acting Chief Judge." Fayose noted that "not only was the appointment of Aladejana detested by the then Chief Justice of Nigeria and Chairman of NJC, Justice Alfa Belgore in a letter to Aladejana, but Aladejana was later dismissed by the NJC."
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