Another Hurdle Before Fayose Victor Ogunje
Writes that Governor Ayodele Fayose must upturn last week’s Federal High Court judgment in order to remain relevant before and after the 2018 governorship election in Ekiti State
The Ekiti State Governor, Dr. Ayodele Fayose has always fought his way through political battles, but how he wriggles his way through the new one will be of interest to many watchers of the governor who has become the mouthpiece of the opposition party. The issue is, last week Tuesday, January 24, the Federal High Court sitting in Ado Ekiti poured petrol in the fire of the internal crisis rocking the Ekiti State chapter of the Peoples Democratic Party (PDP) when it sacked the Gboyega Oguntuwase-led State Working Committee (SWC) of the party.
By the judgent, Justice Taiwo Taiwo replaced the Oguntuwase leadership with the Williams Ajayi-led faction, meanwhile the widespread feeling in Fayose camp is that Ajayi is being bankrolled by the lawmaker representing Ogun East senatorial district at the National Assembly, Senator Buruji Kashamu.
The verdict which immediately created an atmosphere of frenzy as remained source of concern for members of the party because if the situation is not quickly addressed, it could bring about the situation that led to PDP’s failure in the recent Ondo State governorship election.
The party started witnessing cold war since May 2016, when Governor Fayose, who has a domineering control over the party affairs replaced Mr. Idowu Faleye with Oguntuase, in a split congresses conducted by party members in the state. What led to the factionalisation was a replay of the seeming endless feud between the Ali Modu Sheriff group and Ahmed Makarfi Caretaker Committee over the control of the party.
What makes the Ekiti case worrisome among the PDP controlled states is the fact that the governorship election is coming in 2018. In fact, the party has not recovered from the loss to the candidate of the All Progressives Congress (APC), Rotimi Akeredolu, in Ondo state, which capitalised on the unhealthy situation in the party to overrun the popular PDP candidate, Eyitayo Jegede.
The division within the PDP provided ample opportunity for the ruling APC to play prominent role in the Ondo election and the people envisaged that the Ekiti election will be more ferocious owing to the hostility between President Muhammadu Buhari and Governor Fayose.
After the conduct of the state congress, Ajayi, had in a suit number FCH/AD/CS/21/2015 filed on May 16, 2016, urged the court to recognize his own faction of the PDP in the congresses conducted in all the 177 wards, 16 local governments and the state on April 30 and May 4 and 5, 2016 respectively.
Though, Fayose initially treated the group with kid’s gloves because of his seemingly unmatchable political mastery in Ekiti politics, but pundits believed that the governor only played with the tail of a cobra by underrating people like Senator Kashamu, Senator Clement Awoyelu, Senator Fatimat Raji-Rasaki, Ambassador Dare Bejide, former deputy governor Biodun Aluko and other party bigwigs in the group.
The plaintiff urged the court to pronounce him the authentic chairman of the party, also seeking an order declaring the Oguntuase as an impostor and an order directing the Independent National Electoral Commission (INEC) to grant him and his executive recognition. Joined in the suit were; INEC as first respondent, PDP as second respondent, Ali Modu Sheriff as third respondent, Prof Wale Oladipo as fourth respondent and Gboyega Oguntuase as fifth respondent.
Justice Taiwo had said the motion on notice pending at the Court of Appeal over attempt by the second, third, fourth and fifth respondents to change their lawyer and appoint Chief Mike Ozekhome (SAN), as the lead counsel was not enough to delay the delivery of the judgment.
Before the judgment, the body language and actions taken by counsel to the PDP, Bimpe Olatemiju, indicated that they already had a premonition that they would lose the case. Olatemiju, in a desperate move to arrest the judgment, called the attention of the court to a letter dated January 19, 2017 and deposited with the registrar of the court to the effect that the court should set aside the proceeding of December 8, 2016, when the written addresses were adopted and the need to stay action on the court’s proceeding pending the determination of the motion on notice at the appellate court filed against the October 12, 2016 ruling of the court. The ruling was delivered against the second, third, fourth and fifth respondents on their request to appoint Ozekhome as their lead counsel.
However, Justice Taiwo, being an experienced jurist saw the handwriting on the wall and one could feel how deeply enraged he was with the way he reacted against the lawyer and standing his ground that nothing would stop the judgment from being delivered.
Arguing on point of law, Olatemiju said the court can’t proceed because of the pending case at the Court of Appeal. Justice Taiwo objected by maintaining that the 1999 constitution forbids arrest of judgment and that the case would not be an exemption.
However, the judge later listened to Olatemiju’s argument and the averment of plaintiff’s lawyer, Mr Niran Owoseni after which he rose and came back to dismiss the argument to give way for the delivery of his judgment.
In his judgment on the substantive matter, Justice Taiwo said: “A political party must operate within certain guidelines and when there is a crisis of this nature in a party, we use the party’s constitution and the 1999 constitution to remedy the condition”, citing the case of Ugwu Vs PDP to substantiate this claim.
He added that “it is not in dispute that the second, third, fourth and fifth respondents were jointly represented, and not in dispute that second and third respondents are members of the PDP. It is not also in dispute that third and fourth respondents were still acting as the chairman and national secretary. So, going by the PDP’s guidelines, the power to conduct congresses at the wards, local governments and state levels can only be directed by NWC and since these people were still in charge at that time, any other directive or parallel congress by any other body is null and void”, he ruled.
Diverse reactions have since trailed the judgment like two sides of a coin. While Ajayi’s faction considered it the most appropriate action, Oguntuase said it was a travesty of justice.
Oguntuase said: “We will appeal the judgment. I plead with all PDP members in the state to remain calm. In that judgment, I saw humour and I didn’t see honour and candour. The judgment is based on judicial rascality and insanity, which would not prevent us from winning the 2018 governorship election in Ekiti State.
Oguntuase contended that anybody who is sacking them in the state would have to suspend the executive at the Government House and the legislature at the State House of Assembly, National Assembly and all local government chairmen in the state.
“How will you call yourself a chairman when the governor is not behind you, when all the National Assembly members and state assembly lawmakers are not behind you? So, this is not the last court”, he said.
Also upbraiding the judgment, former deputy governor of Ekiti State, Dr. Sikiru Lawal, appealed to members of the party to resist attempt by those he described as fifth columnists to use judiciary to destabilise the party ahead of the 2018 governorship poll.
Lawal, who was deputy to ex-governor Segun Oni, urged the party not to tolerate any act of indiscipline that could make the APC wins undeservedly in Ekiti, the way it did in Ondo State.
“We shouldn’t allow external forces to be dabbling into our party affairs and the best way to prevent that is by using internal mechanism to settle our differences rather than rushing to court over little disagreements.
“The way we lost the Ondo governorship election is still fresh in our memories. Our party is very popular in Ondo State, but the litigation gave our candidate, Eyitayo Jegede only last minute legitimacy to participate in the election and it led to that disastrous defeat. It is the same card that the APC is playing out in Ekiti today, using some of our members. No loyal party man will be happy doing hatchet jobs for the ruling party.
“What is happening to us in Ekiti is nothing short of such and our party must take decisive action to ensure that we retain Ekiti not minding the onslaught of the ruling party”, Lawal stated.
Having seen that Oguntuase’s group was working assiduously to wriggle out of the quagmire, Ajayi swiftly upped his game by suspending his ousted rival and two others, including sacking publicity secretary of the party, Jackson Adebayo and secretary, Tope Anjorin.
A statement signed by the deputy chairman of Ajayi’s group, Mr. Olasunkanmi Ogunbiyi; secretary, Elder Obe Ilesanmi and the public relations officer, Mr. Dayo Owolabi, said the action became imperative following series of anti-party allegations leveled against them.
“Sequel to various allegations of anti-party activities leveled against them, particularly based on their roles in the parallel congress held at Adetiloye Hall under the supervision of Mr. Ayodele Fayose on May 10, 2016 and upon investigation, and more importantly, after the judgment of the Federal High Court of January 24, 2017, the SWC hereby resolved to suspend Mr. Oguntuase and his team of impostors forthwith”, part of the statement read.
Apparently as a form of reprisal, the PDP loyal to Fayose also suspended the Vice Chairman of Ikere local government, Mr. Adebayo Taiwo and a supervisory councillor, Mr Victor Adeniyi.
Also, a Commissioner with the Ekiti State House of Assembly Service Commission, Mr. Bode Adewole, is being investigated by the disbanded Oguntuase-led executive for similar offence.
Since the verdict was handed down, Governor Fayose has not made any public comment on the issue yet. But being a professor of politics as he fondly refers to himself, the Governor surely understands that forces in the presidency would come after him during the election and he must have been preparing solidly and strategically ahead of that.
After marking the second year anniversary of his government last year October 16, Fayose started extended interactions with various groups, including teachers, market women, youths, civil servants, and drivers openly canvassed for supports.
In one of the meetings, Fayose said: “You know that I am now in the opposition. I don’t have access to police, DSS or other security agents, but I have access to you. You are my backbone and that is why I am starting my campaign now”.
Also during a meeting with Suppliers Association of Nigeria, Ikere chapter last November, Fayose boasted that he can’t be caught napping the way Governor Olusegun Mimiko was humbled in Ondo State. The Governor boasted: “let me tell you, I don’t even know yet the political party my successor will contest the election.
“We are still playing the game left, right and centre to know where to go. But I know that if it remains just two days to election, if I tell Ekiti people where to go, they will surely follow me because we are always together”, he said assuredly.
But no matter how sagacious and enigmatic Fayose might be in political chess game, he must tread softly because the land is becoming more slippery for him. He should not also be oblivious of the fact that he would have to contend with another impending internal crisis over the choice of his successor. And the earlier the governor begins to think outside the box, the better for his political future.