Fayose’s Inauguration: Ekiti in Tortuous Transition

Fri, Oct 10, 2014
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Featured, Politics

The return of Ayodele Fayose, candidate of the Peoples Democratic Party, as governor of Ekiti State,  is not only going to change the political equation in the state, it also promises to be a sort of nightmare for some people as the political rivalry there is assuming a dangerous dimension

By Olu Ojewale  |  Oct. 20, 2014 @ 01:00 GMT  |

IN LESS than a week from now, Ekiti State will have a new governor. But the inauguration of Ayodele Fayose, candidate of the Peoples Democratic Party, PDP, who is taking over the reign of governance from Governor Kayode Fayemi of the All Progressives Congress, APC, promises to be contentious until, perhaps, political and constitutional solutions are found to resolve all issues being contested by different interest groups. Since the fracas of September 25, which led to the violent disruption of court proceedings and the killing of a former head of transport union in the state, stakeholders in the crisis appear to be sticking to their guns and continue to heat up the polity.

Many of the stakeholders in the crisis, including Fayose, are not willing to sheath their swords. Thus, they are all promising fire and brimstone to deal with themselves thus pushing the state in a precarious position.

For instance, on Monday, October 6, E-11, a non-governmental group of stakeholders in the state, cried out that some of its members had been receiving death threats through phone calls and text messages over the suit it filed in the state High Court challenging the eligibility of Fayose, who once served as elected governor between 2003 and 2006, to contest the June 21 election.

Femi Ajiran, chairman of the group, made the allegation in a statement he signed, calling on the Nigeria Police and State Security Service, SSS, and other security agencies to track and bring the masterminds of the threat calls and messages to justice.  According to Ajiran, some of members of the E-11 have been receiving threat phone calls and text messages after Justice Olusegun Ogunyemi was attacked and manhandled at the premise of the state High Court, on September 22.

He alleged that the threats persisted after another attack was meted out on Justice John Adeyeye, a high court judge, whom he said was allegedly beaten under the supervision of Fayose. Among those who were said to have received such threat phone calls and text messages are Babafemi Ojudu, a serving senator; Femi Ajayi; Niyi Ajakaiye and himself among others.

Fayemi
Fayemi

The E11 leader claimed that members of the E-11 got the threat phone calls and text messages on September 23 via different 14 phone numbers. He alleged that the callers issued death threats to the members of E-11 and threatened to destroy their properties and attack their family members if they did not withdraw the suit against Fayose.  But that notwithstanding, the E-11 said no matter the level intimidation, it would not back down on its fight against injustice and respect for the nation’s constitution.

The E-11, which is challenging the eligibility of Fayose, is claiming that the governor-elect should not have participated in the June 21 election because he allegedly lied in the form he filled to contest the election. On Thursday, September 25, Justice John Adeyeye, who was hearing the matter, was beaten up and his suit was allegedly torn by thugs believed to be pro-Fayose who stormed the court, smashing property. Based on the development, Justice Ayodeji Daramola, chief judge of Ekiti State, tabled a petition before the National Judicial Council, NJC, at its meeting on Thursday, October 2. In response, the council was said to have directed that the case should go on, with the police providing security and arresting all those who attacked the courts.

But in addition to the NJC’s recommendations, the police were seen on Tuesday, October 7, night erecting obstacles towards ensuring that the court would not open to hear any case any time soon. The Police were said to have told judges that the environment was not safe enough for them to resume duty yet. The police were said to have also suggested that the fence of the high court complex be raised before they could resume.

But efforts of the police and their suggestions are being regarded by members of the opposition as a way of preventing the E-11’s case Fayose from going ahead before the swearing-in ceremony of the governor-elect slated for Thursday, October 16.

In addition, the APC in the state accused the PDP of planning another fresh insurrection in the state with the aim of intimidating everyone into submission towards the October 16 handover to Fayose, the PDP governorship candidate. Taiwo Olatubosun, publicity secretary of the APC in the state, who made the allegation in a statement said that the PDP was afraid of the legal hurdle to be crossed by its candidate before he could be sworn-in as the state governor, hence the PDP was now mobilising for a showdown with the innocent people, the government and the judiciary in the state.

“We have our facts that beginning from October 8, Fayose and the PDP leadership will take to the streets to foment trouble, using some thugs brought in from neighbouring state and Ibadan,” Olatubosun said. He claimed that the plan was hatched in a meeting held at the Spotless Hotel belonging Fayose and that barring a last minute change of heart, there would be another round of protest and attacks on opposition leaders in the state capital to deny the judiciary of smooth dispensation of the cases before it. “This clandestine and anti-democratic move is actually showing that Fayose is above the law. There are provisions in the Nigerian Constitution that qualifies one to vote and be voted for. The issue of election is not complete until the election tribunal dispenses all the cases or petitions emanating from such election or electoral process.

Aloma-Mukhtar
Aloma-Mukhtar

“We remain unperturbed by the threat. Our only worry is that their usual habit of resorting to mayhem in the bid to take over the state by force and by fire is giving the entire state a bad name. We may be heading for another season of one week, one trouble,” he said.

Olatubosun, however, said that the party would to continue to follow the peaceful legal process to achieve its goal. “We will not join the PDP in the forceful acquisition of power, but would rather allow legality to decide what is right or wrong. No one can build legality on illegality. If they have nothing to hide, they should go through the legal hurdles and come out clean, then they can reign in peace,” he said.

The PDP, on its part, accused Justice Ayodeji Saramola, chief judge of Ekiti State, of plotting with Governor Fayemi to stop the inauguration of Fayose. The allegation was contained in a letter to Justice Mariam Aloma-Mukhtar, chief justice of Nigeria, titled: “Another judicial coup plotted to avert the swearing in of the governor-elect of Ekiti State,” signed by Tope Aluko, state secretary and Kola Oluwawole, publicity secretary of the PDP. In the letter the PDP claimed that it was aware of plans by Daramola 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 letter said Fayose had challenged the assumption of jurisdiction by Justice Olusegun Ogunyemi of an Ado-Ekiti High Court on the matter. He also sought a stay of proceedings on the hearing of the substantive suit. In the letter Fayose said:  “On   September 28, 2014, the governor-elect of Ekiti State personally wrote a letter to you, raising fears about the attempts of the CJ of Ekiti State to frustrate his inauguration. This was done in view of Section 185 (2) of the 1999 Constitution   (as amended), which empowers only the CJ of Ekiti State to inaugurate 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 the President of the Customary Court of Appeal that can perform similar function, in case the chief judge decline to do so.

“To our knowledge, you are yet to react to that letter. Meanwhile, we are authoritatively informed of another desperate move to obtain a “black market injunction” from an Ekiti State High Court, restraining the CJ from inaugurating the governor-elect on   October 16, 2014.

“Our source authoritatively informed us that the E-11 case in suits   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 CJ from inaugurating the governor-elect, after the court might have been re-opened following the NJC directive. The outgoing governor, Dr. Kayode Fayemi, and Justice Daramola had finalised arrangement to actualise this diabolical plan.” The PDP, therefore, called on the CJN to call Daramola to order and allow due process to be followed in all the cases before his court.

But Tayo Ekunday, state commissioner for information, said it was another lie by the PDP. He said: “We don’t control the judiciary. The three arms of government have their role to play without interference. I do not know how the governor will ask the CJ to scuttle the inauguration. It is not in our character.  The PDP has been telling a lot of lies, accusing us of so many things. There is nothing they have said in the last three months that is true. It is just another of their lies. We are not in any discussion with the CJ on how he runs the judiciary.”

Some lawyers involved in the suit challenging the eligibility of Fasose have similarly expressed their dissatisfaction for the way they were manhandled during the court proceeding. The lawyers petitioned the National Human Rights Commission, NHRC, accusing Fayose and the PDP of threatening their lives and violating their rights to practice their profession. Norrison Quakers, SAN, and M.J. Onigbanjo, SAN, in a petition addressed to Bem Angwe, executive secretary of the NHRC, dated September 29, accused the PDP of organising the thugs that invaded the Ekiti High Court premises on September 22. The petitioners said the thugs attacked Justice Ogunyemi, members of the E11, lawyers, judiciary workers and others in court.

The petitioners narrated the event of the day in which they alleged was masterminded by Fayose.  And therefore, warned: “Should this unfortunate display of desecration of the hallowed temple of justice, which is supposed to be the last hope of the common man be allowed to persist unprosecuted, we all would be recorded for posterity as the people who sat with arms folded while miscreants and hooligans took over and controlled the administration of justice and overall balance of the society.”

The petitioners urged the NHRC to use its good office and wherewithal to investigate the matter, with a view to unearthing those behind “this shameful display of banditry and gross violation of human rights with a view to prosecuting and bringing them to justice.”

Falana
Falana

Apparently irked by the turn of events in his state, Femi Falana, SAN and human rights activist, on Monday, October 6, disclosed that some indigenes of Ekiti State were planning to go on exile as soon as Fayose assumes office on October 16. Falana, who was a governorship candidate in the 2007 election, said: “It is clear that the people have been taken back to the era of state-sponsored terrorism. Already, rival drivers’ unions and urchins are unleashing mayhem on innocent people, including judges and judiciary workers.

“Fayose should be advised not to frustrate his own inauguration. With the ongoing political crisis, some development agencies have decided to pull out of the state. I know industrialists who have decided to relocate to neighbouring states. I have some friends who have resolved to go on exile from Ekiti State for the next four years. The exodus of business and the elite will have adverse effect on the fragile economy of the state because no investor takes funds to any place where the rule of law is in abeyance.”

But Fayose in a statement on Tuesday, October 7, described Falana’s claim baseless and out of place. In the statement the governor-elect said: “Ekiti people who elected Fayose and preferred him over and above Falana’s lackey, are waiting for his coming and for the four years he will lead the state.  We know for sure that as our Lord lives, that expectation will not be cut short.

“Ekiti is as peaceful as any other State, it is people like Falana who are beating the drum of war and propaganda that are having nightmares and sleepless nights over the return of Fayose as the governor of the state…  If those who have looted the state’s treasury and are afraid of probe have decided to relocate, they should know that the long arm of the law will catch up with them. It is common sense that it is only the guilty that are afraid. Anybody who does not have any skeleton in his cupboard will not be running helter-skelter when nobody is pursuing him,”

He added: “Falana and his cohorts should know that they are not in any way better than thousands of Ekiti teachers, artisans, bike riders, businessmen, council workers, professionals and others who cast their votes for Fayose to lead them for the next four years.”

In any case, Wale Ojo-Lanre, a former senior aide to former Governor Kayode Oni, who lost to Fayemi in the court, said the whole matter could be narrowed down to “constitutionality and brutal wish of the people.” He said although was elected by a popular vote, it should not stop those who felt that he was fraudulently elected to challenge his emergence. “E-11 is one of the most vibrant pressure groups in Ekiti. The groups says the man was not eligible to contest the election and went to court to challenge it, quoting the constitution. The E11 has gone the civil way to make its point. It did not employ thugs to disrupt proceedings. My only advice is that we should have respect for the constitution and temple of justice. It is when then we can get dividends of democracy,” Ojo-Lanre told Realnews.

On the allegation that the Fayemi government had bribed the judiciary to rule in its favour, he said the onus would be on the accusers to prove their case. “If they have been bribed let them produce evidence. Why should they destroy the temple of justice? Even if courts in the state are against them, there are federal courts of appeal and the Supreme Court that can also hear the case and rule on the matter. My joy here is that there is no time bond for the case to be heard. Don’t forget that it was people of Ekiti that swept us out office for Fayemi… I think there is something pathologically wrong with the people of the state,” he said.

Indeed, since the sanctity of the courts was desecrated in Ekiti State between September 22 and September 25 when suspected political thugs invaded two high courts in Ado Ekiti, state capital, and unleashed mayhem on judges, judiciary staff and several other court users, the two main political parties in the state have been trading accusations. Proceedings at High Court 6, Ado Ekiti, presided over by Justice O. Ogunyemi, were rudely disrupted on September 22 as rampaging hoodlums stormed into the premises, harassed and chased the judge around the office until he was rescued by the police.

Three days later, on September 25, thugs also attacked High Court 3, beating up Justice John Adeyeye, and tearing his judicial robes into shreds. As if that was not bad enough, the courtroom of Justice Daramola, CJ, was also attacked by hooligans who invaded and disrupted proceedings at the Election Petitions Tribunal within the High Court premises in Ado Ekiti. The record book of the CJ was allegedly torn into pieces.

In the crisis, Omolafe Aderiye, former chairman of the state chapter of National Union of Road Transport Workers, NURTW, was killed. To avert further loss of lives, Governor Fayemi imposed a dusk-to-dawn curfew on the state and it seems he is not in a hurry to lift the curfew because the situation in the state still looks suspicious. But be that as it may, it would not be surprising if the people of Ekiti State eventually have a bumpy ride during the second coming of Fayose. The world is looking.

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