The Political Debacle in Ekiti 12 Oct 2014 As Mr. Ayodele Fayose prepares to be sworn in as Ekiti State’s next governor, E-11, currently under the chairmanship of Mr. Femi Ajiniran, is praying the court to determine the eligibility of the governor- elect to contest the June 21 governorship election. The Southwest state is gradually sliding into an avoidable political crisis, Gboyega Akinsanmi writes. Bone of contention Ekiti State Governor-elect, Mr. Ayodele Fayose had deposed to some information on the INEC Form CF.001 in the affirmative. As contained in the certified copy of the form that asked if a governorship candidate had once been found guilty of criminal charges, Fayose denied being indicted of embezzlement or fraud by a judicial commission of inquiry or an administrative panel of inquiry. But the information the governor-elect provided on the INEC Form CF.001 now forms the background to the post-election crisis in Ekiti State. However, E-11, a non-governmental forum of Ekiti State indigenes, moved to avert the potential post-election crisis. The group approached an Ekiti State High Court sitting in Ado-Ekiti, to seek outright disqualification of Fayose. E-11 joined the Peoples Democratic Party and Independent National Electoral Commission in the suit, in which it questioned the eligibility of the former’s candidate in the governorship election conducted in Ekiti State on June 21. And its prayer was simply that Fayose was not a candidate in the election in the sight of the law. In different papers it filed before the court on May 23, the group cited contraventions to the 1999 Constitution and 2011 Electoral Act in the documents the governor-elect submitted to the INEC. The suit was brought pursuant to Order 3 Rule 5 & 6 of the High Court of Ekiti State (Civil Procedure Rules, 2011), precisely 29 days to the governorship election. E-11 was then particular about alleged contraventions to Sections 177 and 182 (1) (d-e) of the 1999 Constitution of the Federal Republic of Nigeria (as amended). The group also alleged breach to Sections 31 and 87 of the Electoral Act, 2010, which it argued, could set a bad precedent if the PDP candidate was allowed to contest the election. Section 182 (1) (d-e) of the 1999 Constitution provides that no person “shall be qualified for election to the office of governor of a state if he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria or a sentence of imprisonment for any offence involving dishonesty or fraud…; or within a period of less than 10 years before the date of election to the office of Governor of a State he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of the Code of Conduct…” Likewise, Section 31 (4-6) of the Electoral Act provides further conditions for disqualification of a governorship candidate. The section states that a person might apply “to the Commission for a copy of nomination form, affidavit and any other document submitted by a candidate at an election and the Commission shall, upon the payment of a prescribed fee, shall issue such person with a certified copy of the document within 14 days. “A person, who has reasonable grounds to believe that any information given by a candidate in the affidavit or any document submitted by the candidate is false may file a suit at the High Court of a State or Federal High Court against such person seeking a declaration that the information contained in the affidavit is false. If the court determines that any of the information contained in the affidavit or any document submitted by the candidate is false, the court shall issue an order disqualifying the candidate from contesting the election…” Allegations Armed with these provisions of the 1999 Constitution and 2011 Electoral Act, E-11 reeled out allegations before the court on which its prayers that Fayose should be disqualified from contesting the last governorship election was premised. First, the group alleged that the governor-elect was indicted for various criminal offences in a suit he filed against The News Magazine in 2004. In Suit No: HAD/81/2004 at the High Court of Ekiti State, Fayose had sued The News Magazine for alleged defamation of character. The then trial judge, Justice Ayodele Daramola, dismissed Fayose’s suit on the ground that he had no reputation worthy of judicial protection. The decision of the trial judge was premised on the comprehensive report of the State Security Service compiled on Fayose’s violent activities. As contained in the court decision, the security report chronicled Fayose’s alleged involvement in N1.3 billion fraud; killing and maiming of students of Ekiti State College of Education for daring to protest the removal of the provost; illegal arrest and detention of the Atta of Aiyede, Oba Joseph Adeyeye Orisagbemi, with deranged and homicidal criminals; and zero tolerance of opposition, among others. The trial judge, then ruled that details of security information “are found on the political associates of Fayose on illegal activities geared towards fomenting and visiting violence on those who they believed to be opponents… The impression, which Fayose conveyed when he testified before me was that of one, who was palpably averse to the truth. He denied the obvious and invented fictitious stories…” Besides, E-11 insisted that the Ekiti State House of Assembly impeached Fayose on October 16, 2006. The Assembly’s decision was premised on the report of a validly constituted administrative panel as provided for in Section 188 (5) of the 1999 Constitution (as amended). According to the group, the panel found the governor- elect guilty of gross misconduct in 2006, which means he cannot contest a governorship election until 2016 in line with the provisions of the 1999 Constitution. This was, indeed, the prelude that culminated in three main developments in the last fortnight. Grim Echoes The first had to do with the alleged attack on the trial judge, Justice Olusegun Ogunyemi, who is presiding over the suit E-11 filed challenging Fayose’s eligibility to contest the last election. It was alleged that pro-Fayose thugs attacked and manhandled the trial judge on September 22. Although Fayose denied being involved in the attack on the judge, the Chief Judge of Ekiti State, Justice Ayodeji Daramola, provided details on how a pro-Fayose group had attacked, manhandled and prevented the trial judge from discharging his constitutional responsibilities before the National Judicial Council last week. He said the trial judge was prevented from ruling on a similar case. The second incident was what transpired at the Election Petitions Tribunal two days after Ogunyemi was attacked at the court premises. The governor-elect appeared at the tribunal alongside his supporters. At the proceedings of the tribunal, Fayose was alleged to have brought thugs into the court premises and supervised the beating and manhandling of another judge, Justice John Adeyeye, on September 24. At the court premises, media reports generally attested to how Adeyeye was attacked for asking the governor-elect to control his supporters during the proceedings. Several judges and counsels were manhandled, with their gowns torn, and court documents were mutilated. Many of the judicial officers sustained varying degrees of injury. The third incident was the intervention of NJC, which invited all the parties and victims of the attacks to Abuja the following week to avoid anarchy in the temple of justice. After its meeting last week, the council condemned the attack on judicial officers in Ekiti State and urged the Inspector-General of Police to investigate the attacks. NJC also directed the conclusion of the suit before Fayose’s inauguration. Petition The Ekiti chapter of PDP has petitioned the Chief Justice of Nigeria, Justice Aloma Mukthar, accusing the state chief judge of planning to abort Fayose’s inauguration slated for October 16, which the chapter said, might precipitate a constitutional crisis in Ekiti State if nothing was done. The petition, titled, “Another Judicial Coup Plotted to Avert the Swearing-in of the Governor-elect of Ekiti State,” and signed by the state secretary, Dr. Tope Aluko, and publicity secretary, Pastor Kola Oluwawole, said the chief judge and Governor Kayode Fayemi had planned “to give accelerated hearing to some suits challenging the eligibility of Fayose for the June 21 governorship election despite the notice of appeal and the stay of proceedings filed in respect of the suits.” The chapter argued that Fayose had challenged the assumption of jurisdiction by an Ado-Ekiti High Court on the matter and also filed a stay of proceedings on the hearing of the substantive suit. It further noted that the governor-elect had personally written a letter to the CJN, raising fears about the attempts of the chief judge “to frustrate the swearing-in of the governor-elect produced by our party. “This was done in view of Section 185 (2) of the 1999 Constitution, which empowers only the Chief Judge of Ekiti State to swear in the governor-elect as the new governor of the state, as Ekiti State presently has no Grand Khadi of the Sharia Court of Appeal or President of the Customary Court of Appeal that can perform similar functions, in the event the chief judge declines to do so.” The chapter frowned on the delay in responding to a personal letter it claimed Fayose wrote to the CJN on September 28, six days after Ogunyemi was attacked and four days after Adeyeye was beaten. It alleged a desperate move by the All Progressives Congress “to obtain a ‘black market injunction’ from an Ekiti State High Court restraining the chief judge from swearing Fayose in. “Our source authoritatively informed us that the E-11 case in Suits Nos: HAD/51/2014 and HAD/52/2014 are to be given accelerated hearing between Wednesday 8/10/14 and Friday 10/10/14, or thereabout, in a way that a ‘black market injunction’ will be secured to restrain the chief judge from swearing in the governor-elect, after the court might have been re-opened following the NJC directive.” But the NJC had already made strong decisions that all petitions forwarded by all parties to the council on the matter “are being looked into” and perhaps would be determined before the swearing-in of the governor-elect. But many people are of the view that the latest controversy plaguing Ekiti and threatening to throw the state into a constitutional crisis and perhaps, chaos, can be averted. Even as the controversy continues to rage, it must be clear that Fayose won an election and the right and choice of the Ekiti people should be respected. If there is any issue over the last governorship election, many believe, the election tribunal should be allowed to decide it.
Posted on: Sun, 12 Oct 2014 06:46:53 +0000