Ekiti 2018: Declare terms of settlement fraudulent – MPN chair tells court

Agency ReporterMay 27, 2018

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The Chairman of Mega Party of Nigeria (MPN) in Ekiti State, Mr Dare Adekolu, has urged the Federal High Court, Ado Ekiti Division, to set aside its consent judgment which was based on a “Terms of Settlement” that he described as a fraud to achieve a predetermined end in the Ekiti governorship election.

The MPN chieftain is also seeking a declaration of the court that the Terms of Settlement dated 13th May 2018 and filed on 14th May, in suit No: FHC/AD/CS/11/2018 i.e MPN and three others versus the Independent National Electoral Commission (INEC) and seven others wad fraudulent in nature having not carried along all parties so concerned, with reference to himself.

Adekolu, in his statement of claim in suit No: FHC/AD/CS/12/2018, filed before the court on May 25, described himself as the authentic chairman of the party in the state, saying that although he was joined at the 6th respondent in suit No: FHC/AD/CS/11/2018 in which the consent judgment was given, originating summons and other originating processes filed alongside same and other related documents were not served on him.

He stated that he was not a party and not privy to the said Terms of Settlement and as well did not authorize nor instruct anybody including the MPN National Chairman to sign any Terms of Settlement or any document on his behalf with particular reference to Suit No: FHC/AD/CS/11/2018.

Justice Taiwo Taiwo had on May 15, 2018 adopted the Terms of Settlement as the judgment of the court, saying “it is a welcome development if political parties settle their differences without involving the court in any way to forestall a situation where courts are made battle grounds for aggrieved members of political parties which in many cases are not in the interest of the Judiciary”.

The Terms of Settlement contains clauses bordering around the party’s candidate for Ekiti governorship election and “harmonization” of positions from the party’s National convention and state congress including recognition of one Prince Adekunle Aladesanmi as the MPN Chairman in Ekiti State in place of Adekolu.

But Adekolu is praying the court to set aside the consent judgment “on the grounds of fraud and non-service, same having not been properly entered, taking cognizance of the proprietary or otherwise of the said Terms of Settlement”.

Defendants in the matter filed by Adekolu are MPN, Prince Adekunle Aladesanmi, Senator Musa Bello, Otunba Musa Adeleke (for themselves and on behalf of SEC of MPN that emerged from State Congress and National Convention of MPN held on 3rd February 2018), INEC, IGP and DSS.

It would be recalled that following allegations of conduct of illegal MPN congress, Aladesanmi was in a matter with Charge No: FHC/AD/11/2018 on April 5 slammed with a two-count charge of “fraudulently impersonating one Dare Adekolu as chairman of MPN with intent to defraud unsuspecting members of public”; and “conspiracy to fraudulently impersonate one Dare Adekolu as chairman of MPN with intent to defraud unsuspecting members of public”.