EKITI RETURNS TO THE TRENCHES
In actual fact, Fayose has been playing fast to containing the rampaging lawmakers. He has put to work, every weapon in his arsenal to curtail the lawmakers and neutralise their attack. To buoy the level of supports for him, several groups and town associations had also visited the governor to enlist their solidarities supports at this precarious time.
In spite of this seeming impracticality of their actions, the lawmakers seem determined to oust the governor at all costs. As the protest raged unabated, the lawmakers held a secret session at Mary Hill Boys High School, Ado Ekiti last Thursday in the middle of the controversy and directed the State Chief Judge, Mr. Justice Ayodeji Daramola to set up a panel to investigate allegations raised in the impeachment notice to the governor.
Though journalists were not invited to the sitting, Omirin told THISDAY that this was as a result of the precarious and delicate security situation in the state. But the resolution of the session was conveyed to newsmen via a statement signed by the Speaker’s Special Adviser on Media, Mr Wole Olujobi.
The resolution directed that the seven-man penal to be constituted by the Chief Judge within seven days of receipt of the letter to investigate Fayose and Deputy and his Deputy, Dr Oluosla Kolapo over allegations of gross misconduct raised in their impeachment notice.
The lawmakers, according to Olujobi, relied on Section 101 of the 1999 Constitution as amended which empowers the Assembly to regulate their sittings, including sitting in a public building within the state capital if conditions exist in the hallowed chamber that endanger members’ lives.
During the sitting, the Majority Leader, Churchill Adedipe, representing Irepodun/ Ifelodun Constituency 1, explained that the sitting ought to have taken place in the hallowed chamber on April 7, but members were waylaid by thugs who mounted roadblock and threatened their lives with dangerous weapons, thereby making them to abandon going to the Assembly. Relying on Section 188 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Adedipe moved the motion empowering the Chief Judge to set up the panel, which was seconded by the Deputy Speaker, Adetunji Orisalade, representing Ido/ Osi Constituency II.
But reprieve came the way of Fayose when the Chief Registrar of the Ekiti State judiciary, Mr Obafemi Fasanmi, denied ever receiving any letter from the lawmakers. He said: “I am not aware of that except you confirm from the Chief Judge himself. I was in the office today, no such letter was received,” he stated.
The Governor also applied a two-pronged approach to abort the onslaught. He played a little of politics blended with judicial process by weeping up sentiment against the lawmakers at every available opportunity to portray himself as a no-easy-prey. Fayose, in a statewide broadcast assured his supporters that the lawmakers were taking orders from certain leaders in Lagos and Osun States to get him out at all costs, saying: “Must I be a member of APC before I operate as a governor?
“They were members of the opposition before they won election and President Goodluck Jonathan did not go out to chase Governors Babatunde Fashola, Rauf Aregbesola, Ibikunle Amosun and other APC Governors out of office.”
The governor posited that he would not fold his arms and allow detractors to exterminate him the second time. “My people you put me in this position and you have to rise up and defend your mandate. Don’t allow the enemies of progress to run down this government and make you suffer again the way they did to you after my ouster in 2006.
“All they wanted to do is to get at me so that they can control the affairs of the state and incur more debt. Why is it that APC is always desperate for power? When Niyi Adebayo of the AD was the governor, he spent four years and nobody gave him problem. When I became the governor, they ensured that I was impeached. When Segun Oni became the governor, they chased him out. When Fayemi was in government, we cooperated with him and he spent four years. Now it is the turn of Fayose and the PDP, they are making trouble. We will not allow them to succeed.”
Fayose in a petition to the Inspector General of Police, Mr Suleiman Abba and titled: ‘Murder of Mr Modupe Temitope Olaya, Call for investigation and prosecution of culprits’ said: “I write to call your attention to the murder of Mr Modupe Temitope Olaya, in Efon-Alaaye junction, Ekiti State yesterday.
“Modupe Olaya was said to be going about his lawful business peacefully when gun shots were fired at him and other people at EfonAlaaye junction by rampaging All Progressives Congress (APC) lawmakers, who were coming to Ado-Ekiti, the Ekiti State capital in two unmarked Toyota buses”
This was done probably to put the lawmakers in disarray, in case one is declared wanted in connection with the heinous killing. The PDP caucus in the assembly had also thrown their arsenal against Omirin and his cohorts for daring to impeach the Governor. They clearly called on the Chief Judge of the state, Justice Daramola to discountenance the letter from the lawmakers for lack of merit and legal fecundity.
The lawmakers, who spoke through its factional Speaker, Hon Dele Olugbemi, said the faction contains the authentic members of the Assembly, who enjoy the necessary paraphernalia of office in the State House of Assembly to conduct sitting.
To prove his authenticity and superiority to the seat, the media parley where the position was dispense was attended by seven lawmakers and the Clerk of the Assembly, Mr Tola Esan and other top government functionaries in the Legislative Arm, including the Sergeant-at-Arm.
Olugbemi, who described Omirin as an impostor, said the only legitimate place to hold any valid sitting recognised by the constitution, is the Hallowed Chambers of the State House of Assembly, saying the letter purportedly written by the APC lawmakers outside the purview of the complex was null and void and of no effect.
He said the PDP lawmakers and loyalists of Governor Fayose still enjoy the support of the Clerk of the Assembly, Mr Esan, who has the power to convene the sitting as empowered by the constitution and declared that his faction is in possession of the House’s mace, which is the symbol of authority.
“Sequel to our previous correspondence to the Chief Judge of Ekiti State Judiciary dated 4th April, 2015, the Clerk and I have again cause to write to the Chief Judge, refuting a letter purportedly written from my office for the CJ to set up an investigative panel in relation to an impeachment Notice, which allegedly emanated from my office. “For the avoidance of doubt, I wish to categorically state here that the said letter directing the CJ of the Ekiti State judiciary to constitute an investigative panel did not emanate from Ekiti State House of Assembly. We never wrote any letter to the CJ directing him to constitute an investigative panel, neither was the House involved in any impeachment proceeding against executive Governor of our dear State.
“In furtherance refutation of the ongoing brigandage, I wish to State that the former Speaker, Hon Adewale Omirin was duly removed as the Speaker on 20th November, 2014 and his removal paved the way for my legitimate emergence as the new Speaker of the Assembly. In prove of my incumbency and control of the Assembly, I have here with me, the Clerk of the House without whom no legitimate sitting of the House can take place. I also have here the Sergeant-at-Arms and the entire retinue of the staff and the Assembly and the mace of the House.” Olugbemi stated.
Predicating his argument on the following assertions, Olugbemi advised the CJ not to act on the purported letter written by the APC lawmakers, saying it was a clear case of impersonation and usurpation of his powers.
“I have also sent a copy of the letter to the Chief Justice of Nigeria, Justice Mahmoud Mohammed, the Director of Department of State Security Service, Mr Sam Tamuno and the Commissioner of Police, so that they can assist with the apprehension of this impostor and his cohorts before they cause a breakdown of law and order,” he said.
Also, lending a helping hand to save the governor from being hammered was the Ekiti State Council of Traditional Rulers, which appealed to the APC caucus in the Assembly to sheathe their swords for peace to be restored in the state.
A communique read by the Council’s Chairman and the Onitaji of Itaji Ekitoi, Oba Adamo Babalola, said the face-off between the executive and the legislative arm has been on since Fayose was sworn-in on October 16, 2014.