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Tag: Ekiti election

  • Ekiti election: How PDP, Olusola lost

    The Ekiti State Governorship Election Tribunal upheld the victory of Governor Kayode Fayemi of the All Progressives Congress (APC). Eric Ikhilae identifies factors that informed the tribunal’s decision.

    Dissatisfied with the result of the last July 14 governorship election in Ekiti State, the Peoples Democratic Party (PDP) candidate, Kolapo Olusola, who came second, filed a petition at the Governorship Election Tribunal.

    The Independent National Electoral Commission (INEC) returned the All Progressives Congress (APC) candidate, Dr Kayode Fayemi, as the winner.

    Fayemi scored 197,459 votes; Olusola, who was Deputy Governor at the time of the election, polled 178,121.

    In their 712-page petition dated last August 2, but filed on August 3, Olusola and his party prayed the tribunal to declare them winners, declare the election inconclusive and order supplementary rerun, or nullify the election outright on four grounds.

    First, the petitioners claimed that the third respondent (Fayemi) was not qualified/was disqualified from contesting the election based on his indictment by a commission of inquiry; and that he was not duly elected by majority of lawful votes cast in the election.

    The petitioners’ third ground was that Feyemi’s election “was invalid by reason of substantial non-compliance with the provisions of the Electoral Act 2010 (as amended);” and fourth, that Fayemi’s election “was invalid by reason of corrupt practices.”

    In relation to the first ground, the petitioners urged the tribunal to hold that Fayemi was disqualified or not qualified to contest election to the office of Governor of Ekiti S      tate having allegedly been indicted for fraud against the interest of the state by the Justice Silas Oyewole-judicial commission of inquiry set up by the state government.

    They claimed that the state government subsequently accepted the indictment and issued a white paper based on the commission’s reccommendation.

    In relation to the second, third and fourth grounds, the petitioners urged the tribunal to upturn Fayemi’s victory and declare that Olusola scored the highest number of lawful votes cast and therefore the winner of the election.

    In the alternative, the petitioners prayed the tribunal to declare the election inconclusive and order supplementary election in places where it found that the election was not properly conducted.

    In further alternative, the petitioners sought a total cancellation of the election and urged the tribunal to order fresh governorship election in the state.

    INEC’s response

    In its response, the first respondent (INEC) filed a notice of objection and a reply to the petition.

    In its objection, INEC faulted some portions of the petition where the petitioners made criminal allegations against some unidentified individuals, and where the individuals were identified, they were not made parties to the petition.

    INEC argued that the non-inclusion of the identified individuals, against who criminal allegations were made, denied them the right to fair hearing and to attend court to defend themselves against the allegations.

    INEC said contrary to the petitoioners’ claim, the election was held in substantial compliance with relevant laws and under a conducive atmosphere.

    Fayemi, APC’s response

    The second and third respondents (APC and Fayemi) filed notices of objection and replied the petition.

    In their notices of objection, they faulted the aspect of the petition dealing with the petitioners’ claim that Fayemi was not  qualified by virtue of the said indictment by the Justice Oyewole commission.

    They argued that indictment by commission of inquiry or any other administrative body for embezzlement or fraud no longer forms a factor for disqualifying a candidate from contesting  election.

    They added that Section 182(1)(i), on which the claim was based, has since been deleted from the Constitution by virtue of the First Alteration Act 2010.

    APC and Fayemi insisted that the election was duly held. They denied the petitioners’ allegations of corrupt practices, non-compliance with the Electoral Act, among others and urged the tribunal to dismiss the petition.

    The trial

    After all the preliminary proceedings, including the pre-hearing session, trial commenced last October 17 when the petitioners opened their case.

    They closed their case last November 1 after calling 71 witnesses and tendering 2,952 documents.

    The first respondent (INEC) conducted its case between November 5 and 14, 2018 during which it called 16 witnesses and tendered 31 documents.

    The second respondent (APC) conducted its case between November 15 and 16, during which it called 43 witnesses and tendered no document.

    The third respondent (Fayemi) opened his defence on November 20 and closed on November 29, 2018 after calling four witnesses and rendering two documents.

    One of the documents he tendered was the judgment by Justice A. O. Musa of the High Court of the Federal Capital Territory (FCT) in Bwari, Abuja in the suit marked: FCT/HC/BW/CV/57/2018.

    In the judgment, Justice Musa set aside Fayemi’s purported indictment by the Justice Oyewole commission, and voided the white paper issued by the Ekiti State Government based on the said indictment.

    Parties adopted their final written addresses on January 9 following which the tribunal, headed by Justice Suleiman Belgore, adjourned for judgment.

    Other members of the tribunal were Justices E. G. Omukoro and Aliyu Usman.

    The verdict

    Justice Belgore read the unanimous judgment of the tribunal on January 28, this year.

    The tribunal Chairman identified two issues for determination.

    They are: “Whether, having regards to the 1999 Constitution (as amended) and the evidence on record, the 3rd respondent (Fayemi) is qualified to contest for the office of the Governor of Ekiti State at the election held on July 14, 2018.

    “Whether, having regard to the pleadings and totality of evidence led in this petition by the parties, the petitioners’ claims/reliefs ought not to be dismissed by the tribunal.”

    In resolving the first issue, Justice Belgore concluded that the petitioners acted on a dead constitutional provision when they sought to disqualify Fayemi on the basis of a purported indictment and white paper.

    He noted that although Olusola, who testified as the petitioners’ 31st witness, denied knowledge of the judgement by Justice Musa, another witness, Sunday Olowolafe (a lawyer), said he knew that “indictment by a commission of inquiry is no longer a criteria to disqualify a candidate.”

    ‘Indictment lacks constitutional basis’

    Justice Belgore also noted that the petitioners’ contention that Fayemi was not qualified to stand for election was based on the provision of Section 182(1)(i) of the Constitution.

    He said that portion of the Constitution was only a live provision until 2010 when the National Assembly passed an Act titled: “The Constitution of the Federal Republic of Nigeria (First Alteration) Act 2010,” which in Section 19, provides that “Section 182(1)(i) of the Principal Act is deleted.”

    Justice Belgore added: “The effect simply is that since the commencement date of 16th July 2010 when the First Alteration came into being, disqualification on the ground of indictment for fraud or embezzlement no longer form part of our law.

    “In effect, to now allege in 2018 that a person indicted by a judicial commission of inquiry for fraud or embezzlement is disqualified to contest election into the office of a Governor, is to say the least, not in accordance with the law and therefore fallacious.”

    In further determining the issue, Justice Belgore observed that by the evidence provided by the petitioners, the Justice Oyewole commission indicted Fayemi and Dr. Vincent Dapo Kolawole (an ex-Finance Commissioner in the state) and recommended that they were unfit to hold any public office in the state for their refusal to appear before the commission.

    The judge added: “The evidence of PW31 (Olusola) and PW32 (Olowolafe) vide their written testimonies seems to say so as well.

    “So, clearly, though the report of the commission is not in evidence, certainly, indictment for failure to appear before a commission of inquiry is not an integral part of Section 182(1)(i) of the Constitution, even if it was not deleted.”

    Justice Belgore also noted that Justice Musa’s verdict effectively neutralised whatever life there was on the indictment and white paper (if any).

    He resolved the first issue against the petitioners and said: “The ground of the petition and indeed this first issue is dead on arrival. The first issue is therefore resolved in favour of the 3rd respondent and against the petitioners.”

    ‘Petitioners’ witnesses scanty’

    On the second issue, Justice Belgore noted that, though the petitioners alleged non-compliance with the Electoral Act, non-holding of election in some wards and polling units, lack of improper accreditation, alteration of results, violence, among others, they failed to meet the standard of prove required.

    The judge was of the view that, not only was the number of the petitioners’ witnesses scanty, they also provided no evidence to ground the petitioners’ claims.

    He added: “There are 2,195 polling units in Ekiti State. The petitioners’ complaints were in relation to 1,458 polling units, meaning that there were no complaints whatsoever about the conduct of the election in the remaining 737 polling units.

    “In the petitioners’ endeavour to prove the alleged infarctions and irregularities in the 1,458 polling units, they called only 41 polling unit agents, leaving a total of 1417 polling units with no eye witness to attest to or confirm or give credence to all the irregularities alleged to have occurred in them during the election.

    “Even at the pre-hearing session, the petitioners’ counsel had indicated 926 witnesses. It is very surprising that the petitioners called only 71 witnesses. The obvious implication, of calling this scanty and insufficient number of polling unit agents as witnesses (41) for 1,459 polling units,  is that a big puncture or damage was done to the case of the petitioners.”

    Justice Belgore also noted that the tribunal could not rely on the written statements of petitioners’ witnesses because they contained similar information, which gives the impression that they were mass-produced.

    For emphasis, the judge noted that “paragraphs of their (petitioners’ witnesses) statements on oath are so common and repeated for each witness in the various Local Government that testified in respect of the allegations, with only variations in deponents’ names, names of wards, units and statistics given.

    “The above creates the impression, in our minds, that the written depositions were haphazardly produced and names or acronyms of witnesses, their respective units, wards and Local Governments inserted.

    “These deposition therefore, lacked the well-known individuality and distinction required of a legal deposition, which invariably affects the weight and probative value to be attached to them. In our opinion, the weight is very low and we mince no words in saying so.”

    ‘No evidence Olusola got more votes’

    Justice Belgore also noted that though the petitioners claimed Fayemi was unduly returned by INEC and that they scored more votes than the electoral body recorded for them, they failed to lead evidence to prove such claims.

    He added: “The petitioners failed to prove that the 3rd respondent was not duly elected by a majority of lawful votes at the election.”

    The judge added that it is the law that the result announced by INEC enjoys a presumption of regularity, which a petitioner, or anyone challenging such result can only upturn by providing “cogent and convincing evidence.”

    He noted that the majority of evidence led by the petitioners in this case, particularly the documentary evidence, “have, in no way, rebutted that presumption.”

    Justice Belgore added: “As we stated earlier in this judgment, the law is that, until the petitioners have proved sufficient facts to ground their various averments of non-compliance, corrupt practices, electoral malpractices, irregularities, substantial enough to warrant this tribunal to jettison the election and return of 3rd respondent, no duty lies on the respondents to put up their defence.

    “Having found that the petitioners failed to do so in this petition, the burden does not shift to the respondent. This petition stand unproved.

    “Finally, and in the light of everything said above, and upon a calm perusal cum consideration of the entire circumstances of this case, it is incorrect to contend that the 3rd respondent did not win the election by a majority of lawful votes.

    “The contrary is crystal clear. He scored a total of 197,459 votes as against 178,121 votes scored by the 2nd petitioner (Olusola). We find the declaration and return, as shown in Exhibit RA20, in order and duly made.

    “It satisfies the provisions of Section 27 and Section 69 of the Electoral Act (as amended). We have no reason to disturb or upturn that declaration. This petition is lacking in all merit, it fails and it is hereby dismissed,” Justice Belgore said, a position Justices Omukoro and Usman agreed with.

  • Buhari, governors, ministers, others for Fayemi’s inauguration

    President Muhammadu Buhari will lead other eminent Nigerians to the inauguration of Ekiti State Governor-elect, Dr. Kayode Fayemi, on Tuesday.

    Fayemi will be sworn in alongside the Deputy Governor-elect, Otunba Bisi Egbeyemi, by the state Chief Judge, Justice Ayodeji Daramola, at the Ekiti Parapo Pavilion.

    Buhari, who had promised to attend Fayemi’s inauguration shortly after the latter won the All Progresse Congress (APC) primary, will be the Special Guest of Honour.

    The Chairman of the Media and Publicity Committee of the Inauguration Ceremonies, Mr. Olayinka Oyebode, disclosed this on Wednesday at a news conference to herald to mark week long activities to usher Fayemi into office.

    Oyebode revealed that others expected at the inauguration include governors, ministers, military and paramilitary top brass, traditional rulers, diplomats, clergymen, party leaders, civil society groups, artisans, market women and general public.

    Speaking on the significance of Buhari’s personal attendance of Fayemi’s inauguration, Oyebode described the President as a “lover of Ekiti and father of the nation.”

    He added that Fayemi served under Buhari as Minister and supervised the Ministry of Mines and Steel Development, a sector that was dear to the heart of the President.

    The Chairman of the Security Committee, Brig. -Gen. Ebenezer Ogundana (retd), said the military will be part of the security arrangements adding that security operatives will be drafted from neighbouring states.

    Events to make the milestone, according to Oyebode, commence on October 15 Inauguration Lecture to be delivered by eminent poet and literary icon, Prof. Niyi Osundare and Book Presentation, Photo Exhibition and presentation of prizes to Essay Competition winners.

    Besides the swearing-in ceremony on October 16, reception will take place at the same venue, Ekiti Parapo Pavilion.

    Fayemi, after being inaugurated, will hold a Town Hall meeting at Ekiti North senatorial district at Odo Udo Primary School, Ido Ekiti in the morning of October 17 while that of Ekiti South will hold at Ereja Park, Ikere Ekiti in the afternoon.

    On October 18, an interfaith thanksgiving service holds in Ado Ekiti in the morning to be followed by Ekiti Central town hall meeting at Aramoko Motor Park, Aramoko-Ekiti.

    A Thanksgiving Jumat Service holds at Ado-Ekiti Central Mosque on October 19 while on October 20, Ekiti Arts, Culture and Talent Fair at Ekiti Parapo Pavilion.

    Inauguration activities will be rounded off on October 21 with a Thanksgiving service at St. Patrick’s Catholic Cathedral, Old Garage.

    On the same day, a reception will hold at Fayemi’s personal residence, Eyiyato Lodge, Isan-Ekiti.

    Read Also: FG charges Ekweremadu, other with non-declaration of assets

    Oyebode added: “It would be a new dawn on October 16 as Dr. Fayemi will be back on track to take the government back to the people again for accountable government that will also make Ekiti people active participants in the way they are governed.

    “This knack for institutionalisation of participatory governance by Fayemi has reflected in the stakeholders forum commissioned by him where Ekiti people spoke I’m conference on their expectations from the government.

    “Now, the journey for the actualisation of Ekiti dreams starts on October 16, 2018; the date fate has chosen for Ekiti State to recover her destiny and turn around her fortune.

    “Suffice to say that this kind of historic and historical occasion held to celebrate the freedom of a people cannot go without pomp and drums with dignitaries in attendance to join the celebration.”

  • Ekiti election: Tribunal dismisses PDP’s application for recount of ballot

    THE Ekiti State Governorship Election Tribunal sitting in Abuja yesterday dismissed an application by  the Peoples Democratic Party (PDP) for the recount of ballot papers used in the July 14 poll.

    The PDP and its candidate, Prof. Olusola Kolapo, are challenging the outcome of the election in court.

    The respondents in the matter are Independent National Electoral Commission (INEC), All Progressives Congress (APC) and Dr Kayode Fayemi, winner of the election.

    Ruling on the application, the Chairman of the three-member tribunal, Justice Bolaji Belgore, declared that the application lacked merit.

    Belgore noted that the state has 177 wards with 2,197 polling units in 16 local government areas but the petitioners only complained of 325 polling units in their petition before the tribunal.

    The chairman said PDP and its candidate did not complain about all the 2,197 polling units in the state.

    “To pray for recount in all wards and polling units across the state is to make firm nonsense of the petitioners’ pleading,” Belgore said.

    According to him, pleadings are written statements of parties in a procedure wherein they clearly state the materials, including documents, they will rely on in the proceeding.

    He said the tribunal could only admit where it was supported by pleading, adding that what the petitioners wanted could not be situated in their pleading before the tribunal.

    The chairman further said that the evidence so generated from the recount would have no basis in the proceeding.

    He added that what the petitioners wanted to do was to spring a surprise on the respondents which they would not be able to respond to as time for pleading had closed.

    He stated that the tribunal was in agreement with the submission of the counsel for Fayemi, Chief Akin Olujimi (SAN), that the petitioners were fishing for evidence under the guise of recounting the ballot.

    On the relief seeking  the recount to be done in the presence of two representatives of the parties in the matter, secretary of the tribunal and security operatives, the tribunal held that involving its secretary would amount to the secretary giving evidence for the petitioners.

    “The secretary of the tribunal cannot be a party to do what the application wanted,” Justice Belgore stated and declared the application as lacking in merit.”

    In a related development, the tribunal turned down INEC’s application from excluding the smart card reader machines used in the July 14 governorship election.

    Ruling on the application argued by Dr Onyechi Ikpeazu (SAN) for INEC, Belgore said that excluding the card readers from inspection would amount to setting aside the tribunal’s early order granted on July 26.

    The tribunal, however, made a consequential order that the inspection of the card readers must be completed by the end of each party’s case, which would commence on Oct. 17.

    The chairman declared that the consequential order was not setting aside the exparte order granted on July 26.

    The tribunal thereafter adjourned the commencement of hearing in the petition until Oct. 17.

  • Ekiti: Tribunal dismisses PDP’s application for recount of ballot

    The Ekiti Governorship Election Tribunal sitting in Abuja has dismissed an application by Peoples Democratic Party (PDP) for the recount of ballot papers used in the July 14 poll.

    The PDP and its candidate, Prof. Olusola Kolapo are challenging the outcome of the election in court.

    The respondents in the matter are Independent National Electoral Commission (INEC), All Progressives Congress (APC) and Dr Kayode Fayemi, the winner of the election.

    Ruling on the application, the Chairman of the three-member tribunal, Justice Bolaji Belgore, declared that the application lacked merit.

    Belgore noted that Ekiti had 177 wards with 2,197 polling units in 16 local government areas but the petitioners only complained of 325 polling units in their petition before the tribunal.

    The chairman said PDP and its candidate did not complain about all the 2,197 polling units in the state.

    “To pray for recount in all wards and polling units across the state is to make firm nonsense of the petitioners’ pleading,” Belgore said.

    According to him, pleadings are written statements of parties in a procedure wherein they clearly state the materials, including documents, they will rely on in the proceeding.

    He said the tribunal could only admit where it was supported by pleading, adding that what the petitioners wanted could not be situated in their pleading before the tribunal.

    The chairman further said that the evidence so generated from the recount would have no basis in the proceeding.

    He added that what the petitioners wanted to do was to spring a surprise on the respondents which they would not be able to respond to as time for pleading had closed.

    He stated that the tribunal was in agreement with the submission of the counsel for Fayemi, Chief Akin Olujimi (SAN), that the petitioners were fishing for evidence under the guise of recounting the ballot.

    The relief that seeks the recount be done in the presence of two representatives of the parties in the matter, secretary of the tribunal and security operatives, the tribunal held that involving its secretary would amount to the secretary giving evidence for the petitioners.

    “The secretary of the tribunal cannot be a party to do what the application wanted,” Justice Belgore stated.
    He, therefore, declared, “we hereby rule that the application is lacking in merit.”

    In a related development, the tribunal turned down INEC’s application from excluding the smart card reader machines used in the July 14 governorship election.

    Ruling on the application argued by Dr Onyechi Ikpeazu (SAN) for INEC, Belgore said that excluding the card readers from inspection would be tantamount to setting aside the tribunal’s early order granted on July 26.

    The tribunal, however, made a consequential order that the inspection of the card readers must be completed by the end of each party’s case, which would commence on Oct. 17.

    The chairman declared that the consequential order was not setting aside the exparte order granted on July 26.
    The tribunal thereafter adjourned the commencement of hearing in the petition until Oct. 17.

  • Rights group, observers insist Fayemi won Ekiti election

    Observers under the aegis of the Nigerian Human Rights Community, (NHRC) have insisted that the All Progressives Congress, (APC) gubernatorial candidate, Dr. Kayode Fayemi, won the Ekiti State gubernatorial election free and fair. At a press conference in Lagos over the weekend, the observers led by Taiwo Adeleye, where the group presented preliminary reports, it said the election was associated with hitches but not enough to invalidate the victory of APC at the poll.

    The NHRC regrets that the status of human rights work is being distorted by the Ekiti State Governor, Mr. Ayodele Fayose who it accused of raising a coterie of false and emergency human right groups and observers with preconceived aim of supporting Dr Olusola Eleka, the Peoples Democratic Party (PDP) candidate. The group said there were obvious cases of political parties’ involvement on corruption but that it is mischievous to blame the outcome of the election on that note.

    It said that in Ekiti State, the ring leader of electoral manipulation is Mr. Ayodele Fayose. “Since 2014, Mr Fayose has been distributing cash-public funds-to individuals on the streets amongst who are voters. It has become a day-to-day function of the Ekiti state Governor and its officials to distribute cash to people on the streets. There is nothing behind this than a conscious attempt to buy votes. Most of these cases were reported in the mainstream and social media where Mr. Fayose was openly distributing cash to people on the streets.”

    The group added “In Ekiti, workers were paid N3,000 on the eve of the election as bribe so that they could vote for Dr Eleka. This is a well-known fact. He also paid N7,000 each to pensioner on the eve of the July 14 election. The cash paid was not listed as part of their legal entitlements but as inducements to ensure they voted for the PDP. There can be no clearer evidence of election malpractices that this. Under the Ekiti State governor, manipulation of elections through cash inducement is a directive principle of the state which has been entrenched in the state’s convention through the framework of stomach infrastructure.”

    The group said the turn out during the election was impressive. “Ekiti has 842,731 registered voters. This number shortly before the election increased to about 900,000. This is quite commendable considering the total population of the entire state which is 2.7million people. Out of the figures, 667,064 PVCs were collected while 246,270 PCVs were not collected. There are 177 wards in 131 towns and villages located in 16 local governments.

  • Fayose: But we warned him

    Last Saturday in Ekiti State, Governor Peter Ayodele Fayose was effectively pulled down from his high horses and made to fully come to grasp with the transience of power. Nothing lasts forever. Not even mendacious idiocy the likes of which the Fayoses of this world epitomise. For me, beyond the gloating over the humbling of man that calls himself ‘The Rock”, those who connived together to bring him to that ultimate reality should learn a greater lesson from his humiliation. Perhaps, if he had applied the brakes when some of us warned him against being a victim of the inevitability of pride coming before a shameful fall, Fayose would not the laughable, deflated and powerless rabble rouser that he has suddenly become with the defeat of his candidate in last Saturday’s election by Dr. Kayode Fayemi. In a piece titled “Immunity, impunity and Fayose’s angst” published in June 25, 2016, I had warned the irascible irritant to be mindful of actions that spell doom for him. But do they ever listen? Read on…

    “Whom the gods would destroy, they first make mad”. When Prometheus, Henry Longfellow’s character in the 1875 poem, “The Masque of Pandora”, uttered those timeless words, the author never anticipated a Mr. Fayose of Nigeria putting life into such immortal lines in 2016 and beyond. However, driven by the imps of gross miscalculation and wanton lust for reckless ‘popularity’, Fayose has audaciously sallied forth from one needless controversy to another – criticizing, pontificating, puffing, huffing and making allegations that elicit the amazement of both contemplative citizens and featherbrained fans. Yes!

    Fayose’s rascally impetuousness and sheepish political pranks are well documented both in words and in life images captured in videos and skits. His   self-professed   disdain   for   a   Muhammadu   Buhari   presidency explains   the   relentlessness with which he stalks every move made by the administration. At the silliest height of his rant, he invoked the spirit of death against the President. Fayose it was who told a stunned nation that octogenarian   Buhari   should   be   on   diapers   just   like   his (Fayose’s)   mother!   He   equally   has   ranted serially about a presumed life-threatening disease impeding the ability of Buhari to govern well. He has accused the President of leading a herd of corrupt people to ‘ruin’ Nigeria. As long as the topic is Buhari, Fayose has never failed to unleash bareknuckle punches. For him, Buhari is not just the gravest mistake in Aso Rock; he is a tragedy in governance.

    As a prominent figure in the opposition Peoples Democratic Party, Fayose’s form of criticism is clinically deadly, hate-filled, infused with peppery bile and vitriol. As a serving governor conscious of the powers the immunity clause confers, Fayose takes advantage of that rare privilege to the fullest. Egged on by a coterie of praise singers and knowing that   the President is constitutionally demobilised even if he desires to move against him, the man they call ‘Spotless’ has become a thorn not only in the flesh of Buhari but his policies, associates and the All Progressives Congress. Therefore, while Fayose barks and bites, the Presidency merely   gawks   at   him   in   stupefaction.   Such   is   the   overriding   power   of   a   questionable immunity that our Constitution confers on the President, Vice President, state governors and their deputies. Fayose regaled in it. Hardly a week passes without him treating the public to his rabid and ferocious attack against Buhari or his family. It was as if that was his primary duty as a state chief executive. And it is one job he relishes.

    It was, therefore, not surprising that the natural victim of Fayose’s spirited defence against the restriction order placed  on his personal  accounts  by the Economic and  Financial Crimes Commission would be Buhari and, of course, his wife, Aisha. In fact, it would have been shocking if the governor had linked his latest woes to anyone else order than the man he loves to hate. By the way, this is not about the farcical drama scripted, directed and acted by Fayose when he invaded the premises of the bank in Ado-Ekiti earlier in the week to demand statements of his accounts. It is more about the lame excuses the governor gave to justify why an institution saddled with the arduous responsibility of checking graft should not be on his case. It is about the shamelessness of grappling last straws to wish away the mendaciousness with which otherwise responsible and trusted public officers continue to rape the national treasury.  It beggars belief that Fayose would expect the EFCC to steer off his financial dealings in the last two years until the end of his tenure on the laughable submission that immunity confers on him the powers to do and undo all that he wills. With his ‘spotless’ posturing as the untainted political gadfly in the PDP and  Buhari’s Achilles heel, wouldn’t it have been nice if Fayose had punctured EFCC’s claims of humongous and strange lodgements in his accounts in the run-up to his election instead of whining about a nebulous immunity clause that only legitimatises the larceny, lawlessness and crass abuse of power?

    Given that Nigeria’s immunity clause effectively arms those that enjoy it against prosecution of any sort, should it also infer that such persons could not be investigated and then tried after they might have vacated the office? In this simple question lies Fayose’s dilemma and the source of an endless chronic idiocy. Listen to him: “I am a sitting governor and under Section 308 of the 1999 Constitution, I enjoy immunity. This government has no respect for constitutional provisions. They should not be in a hurry. In 2018, I will be done. I will come to them myself. I have become a figure in this country that I have nowhere to go. The rascality of EFCC must stop. Did they not contest election? Where did they get the funds from? Is it because they are the sitting government?”

    How I wish Fayose could remove the log in his eyes before offering to blow out a speck lurking in a friend’s eye. No one, in the entire life of this democracy, has displayed specious rascality and prudish bellicosity than Fayose. To my understanding, the section in question did   not,   in   anyway,   forbears   the   relevant   agencies   from investigating the individuals covered by immunity clause.

    If I may ask, would Fayose had preferred a situation where the EFCC turned its sniffing noses   against   a   whistle-blower’s  report of premeditated  looting  in   the   run   off   to   the   Ekiti election? Aside the legalese which empowers the governor to hold on to straws, demanding that he should be spared the burden of investigations and prosecutions based on his present status, morality demands that this advocate of equity and hater of political rascality ought to come to equity with squeaky clean hands. It is, to say the least, rascally to hide under immunity clause and perpetuate such grave monstrosity. In any case, the EFCC has not flouted any rule by doing its job without disturbing the governor’s comfort. It only sought and got a court order to freeze His Excellency’s   accounts   temporarily   to   enable   it   put   its   case   together   for   a   post-tenure prosecution if the evidence can sustain such. So, why is Fayose angry and belching gibberish about the President and his wife as if he is eternally immune from answering questions on his misconduct if any? Why, for all the stolen money in private hands, should the EFCC wait until 2018 for him to report himself? Is it not puerile arrogance for Fayose to assume that because the other party got external funding from suspected looters, the glaring larceny uncovered by the EFCC on how he rode roughshod to the Ekiti State Government House should also be shrouded under the orbit of a questionable immunity clause?

    Having said this, the onus lies strictly on the shoulders of the EFCC to prosecute all hi-wired cases of looting before it to a logical conclusion. Truth be told, Nigerians are tired of EFCC’s harvest of media trials that only turn influential politicians into demagogues while the would-be culprits merely thumb their noses at us, exploiting the gaping gaps in the prosecutor’s evidence! And, acting true to type, the EFCC may yet bungle what it called a watertight case with the senseless tweet on its website, indicating that it was set to roast Fayose when he becomes an ordinary citizen in October. This man that once boasted that he would hand himself over to the authorities for probe may likely take the tweet as a warning to take the next available exit out of the country. If that happens, the Ibrahim Magu-led EFCC has itself to blame for paving the way for a coward, who cried blood and sweat over a phantom allegation of being beaten up, to flee justice like many others in the past. But then, didn’t we warn him to stop setting himself up for an unceremonious ending of his hollow noisemaking? They never listen!

  • Lessons from Ekiti election

    •It is time for all hands to be deployed to check pollution of the electoral process

    The build-up to the July 14 Ekiti State governorship election had given enough warming that much was at stake. The two major political parties fielding candidates – the Peoples Democratic Party (PDP) whose candidate is the incumbent deputy governor, Professor Kolapo Olusola-Eleka, and the All Progressives Congress’  (APC) candidate who is a former governor of the state, Dr. Kayode Fayemi, left no one in doubt that they were desperate to secure victory at the polls. There were apprehensions that money would play a significant role in deciding the winner and that violence could be deployed to scuttle the poll.

    Contrary to fears that polling could be disrupted and thus render the election inconclusive, the Vice-Chancellor of the University of Ibadan who served as the Returning Officer declared the result that showed that Dr. Fayemi was a clear winner, even though the votes were close. Most observers, domestic and foreign, have commended the Independent National Electoral Commission (INEC) for conducting the elections professionally, in accordance with global standards. Unlike previous elections that were marred by logistics challenges, the polling units opened to voters on schedule and materials were not in short supply. Even in the stations where the card readers malfunctioned, they were swiftly replaced such that the flow was sustained. It is also commendable that counting and collation, save some isolated cases, did not pose any serious challenge. The officials were said to have been fair to all.

    This is not to say that the result is not being contested in some quarters, particularly the PDP. This will always happen. But the aggrieved know what to do. However, it is to the credit of all the stakeholders that the election was relatively peaceful, contrary to fears days before.

    If this is an indication of development in INEC that had promised to deliver credible polls, we could expect that the 2019 general election would be an improvement on the 2015 exercise. We, however, hope that funds would be made available early enough for the commission to prepare for the election, realising that elections would hold simultaneously in the 36 states of the federation and the Federal Capital Territory.

    One area that calls for concern is the rate at which the card readers failed. In Ekiti State, the problem could be easily resolved because surplus machines had been deployed from other states. Would we have had enough if it were the general elections? Besides, why did the machines malfunction so badly when in neighbouring Ghana they worked so well? Could something funny have interfered with the procurement machinery?

    It is shameful that the security forces had to swoop on the state to separate the gladiators and prevent a general breakdown of law and order. The Nigeria Police Force alone deployed 30,000 personnel, while the Nigerian Security and Civil Defence Corps (NSCDC), the military and the Department of State Services (DSS) were everywhere, too. While they succeeded in ensuring that malpractices such as snatching of ballot boxes and result sheet alterations were rare, purchase of votes was taken to a dizzying height.

    At almost every polling unit, party agents jostled for votes by inducing voters. This is indication that the democratic system is still at the primitive level. It is difficult to say, therefore, that the electorate freely exercised their franchise. The authorities must note that secrecy of the ballot process is an important feature of the elections. We therefore call on them to put measures in place to discourage the despicable conduct in the forthcoming Osun State governorship election and subsequent polls.

    It is 19 years since the military rolled the tanks away and returned power to civilian leaders; yet there is no evidence that there has been real development. We needed to bare the teeth of the security forces, disrupt the normal lives of the average citizens who should have gone out to fend for their families or do some other things, and perhaps scared some away from the streets, thus resulting in a mere 50 per cent voter turnout. This is the time for all, voters, the civil society, the media and leaders of the small parties to support INEC and the security forces in getting it right. In the electoral process, money is a pollutant and should not be allowed to replace the free will of the electorate. The appropriate point to start is to ensure that some of those who were used as merchants on Election Day are tried to serve as a deterrent to others.

  • ‘Rivers people should learn from Ekiti election’

    The lawmaker representing Rivers East Senatorial District, Andrew Uchendu, has said the people of Rivers State should learn from last Saturday’s Ekiti governorship election.

    Uchendu, a chieftain of the All Progressives Congress (APC), spoke yesterday in a statement by his media aide, Solomon Okocha, while congratulating the Governor-elect of Ekiti State, Dr. Kayode Fayem.

    He said: “I must commend the Independent National Electoral Commission (INEC), Nigeria Police and other security agencies, the media, and independent observers for the various roles they played to ensure a peaceful, free, fair, transparent and credible governorship election in Ekiti State last Saturday.

    “It is important that APC faithful, particularly those from Rivers State, should learn some vital lessons from the governorship poll in Ekiti State. The victory from the election arose from collective efforts, teamwork and a focused leadership.

    “In Rivers State, the across-the-board jubilation that greeted Dr. Fayemi’s governorship victory is a clear manifestation that the ultimate desire of Rivers people is to vote in a credible government in the state in 2019.”

    The lawmaker urged members of APC in the state to support the leader of the party in Rivers and the Southsouth zone, Rotimi Amaechi, in order to win the governorship election in 2019.

    He said: “It is important for all the tendencies in Rivers APC to rally round the leadership of Rt. Hon. Amaechi to give the people of Rivers State a clear option to vote out the clueless and purposeless administration of Wike.

    “I am very happy that our leader (Amaechi), on many occasions, had clearly indicated that all governorship aspirants in Rivers APC would be given equal opportunity to contest the primaries, because to him, only the best is good enough for Rivers State.

    “All the governorship aspirants who may feel threatened for one reason or another should be assured that nobody would be excluded from the primaries.”

    Reacting to Governor Nyesom Wike’s allegation that the election in Ekiti was skewed in favour of Fayemi, Uchendu described it as laughable and frivolous.

    He said: “It is quite surprising and really unfortunate that Wike always mounts the podium to comment on issues that have no bearing on the lives of Rivers people.

    “I call on well-meaning Rivers people to be prepared to vote out and silence the kindergarten government currently occupying Rivers State Brick House (Government House), Port Harcourt. We must put an end to the ongoing assault on the reputation of Rivers people. We deserve a decent and responsible leadership.

    “I wish to advise clerics, especially in Rivers State, to resist the temptation of being used by Wike to desecrate churches with immature politics, in order not to diminish our faith in the almightiness of God.”

    The lawmaker admonished party members to be focused and not allow themselves to be intimidated by Wike and his allies.

  • Ekiti election: INEC dares Olusola to head for court

    Ekiti State Peoples Democratic Party (PDP) candidate in last Saturday’s election got yesterday a reply to his threat to challenge the result in court.

    The Independent National Electoral Commission (INEC), the supervisor of the poll, told Prof. Kolapo Olusola –Eleka to head for the election tribunal. All Progressives Congress (APC) candidate Kayode Fayemi won the election, which was widely adjudged to be free and fair.

    Also yesterday, Ekit State Governor Ayodele Fayose faulted the outcome of the poll.

    Fayose described Fayiemi’s victory as temporary, adding that it would be upturned at the tribunal.

    He alleged that nobody was rejoicing in the state, asking why people were not celebrating if the result reflected the will of the people.

    Ado-Ekiti, the state capital, was in a carnival mood on Sunday when Fayemi’s motorcade from his Isan home drove slowly to the APC’s secretariat, where he addressed a huge crowd of dancing and singing party supporters and residents.

    APC National Chairman Adams Oshiomhole said the ruling party was celebrating the outcome of the election because “under President Muhammadu Buhari’s government, we now can see that election can be conducted without people being hospitalised or some finding their way to the grave because they have been killed in the process.”

    INEC insisted that the result of the election was a reflection of the will of the people.

    The agency’s Director of Voter Education and Publicity, Mr. Wole Osaze-Uzzi, said: “INEC welcomes the decision of Prof. Eleka to go to the tribunal on the outcome of the governorship election. That is the proper thing to do.

    “Legal process is a better resort than making inciting statements and engaging in media trial. We welcome judicial intervention on disputes arising from the election. Just like in the case of Edo State, it is left to Eleka to prove his case before the tribunal.”

    Osaze-Uzzi rated the outcome of the election as “good and a fair reflection of the will of the people of Ekiti State”. “Even international and local observers rated the conduct of the poll as good,” he said, adding:

    “We have been receiving preliminary reports from the accredited Civil Society Organisations (CSOs). Most of those in the so-called Coalition of Civil Society Groups were not accredited for the poll by INEC.

    “The materials and logistics were on spot and accreditation of voters started as and when due in more than 92 per cent of the polling units.”

    Responding to a question, Osaze-Uzzi said: “INEC is yet to have a post-mortem session on the poll but we have received oral briefing from some of our National Commissioners and others on ground.

    “Certainly, we will hold a post-mortem meeting when all officials are fully back.”

    Fayose said Buhari’s endorsement of the poll he described as a “charade” showed that the President lacked democratic credentials.

    Fayose said: “I hold my head high and I can never be suppressed.”

    Reacting to a statement on Sunday by presidential spokesman Garba Shehu entitled: “Fayose: In the end, a high-powered nothing.”

    Fayose,speaking through his Chief Press Secretary Idowu Adelusi,said “President Muhammadu Buhari should not be happy and applaud this situation whereby the police, army, civil defence and INEC were used to snatch the collective mandate freely given to the Peoples Democratic Party candidate, Prof. Kolapo Olusola and delivering it to the All Progressives Congress candidate which Ekiti people rejected.

    “Can you call that election?  Of course not, it was a contest between Olusola and the INEC and security agencies.

    “There was indiscriminate arrest of our party leaders, harassment and brutalisation of voters in a massive scale especially in Ado, Ikere and other areas.

    “The thugs imported by the APC operated freely under the cover of security agencies to snatch ballot boxes, create confusion, cause mayhem and drive away voters in PDP strong holds. Our party agents were driven away with gun.

    “Buhari has demonstrated truly that he is not a democrat, but a dictator who is yet to get over military mentality. Muscling of democracy in Nigeria today by the Buhari administration is not about Ekiti alone.

    “Presidential aspirants and PDP states should prepare to have a taste of brutality of this administration. This is why we all need to stand up to rescue Nigeria.”

    “I am Peter Ayodele Fayose, I hold my head high. I can never be suppressed. I don’t lose battles and I will not lose this. I will laugh last. Those waiting for me, will wait in vain.

    “They should remember what the prophet said to that heady king in the Bible, which applies to them. He that wears the armour should not boast as he that removes it.”

    “It is only Buhari that will pride himself with the security shooting sporadically at polling centres, scaring people to pave the way for the APC thugs to snatch ballot boxes.

    “What Buhari has won as referendum from Ekiti people, Nigerians, and international community is shame. If APC has truly won, why is it that there is no jubilation in Ekiti?

    “The victory of Kayode Fayemi is pyrrhic. We will reclaim the stolen mandate in the court by the power of God.”

    Speaking after the National Working Committee (NWC) meeting of the APC in Abuja, Oshiomhole said: “We are particularly excited not because we won, but like we said the last time, what matters to us is the process rather than the outcome. We just want to make sure that the results of election reflect the will of the people.

    “You will also recall that there were issues about police deployment. I am very happy that all the commentators and observes including the EU, are happy that the election was free of violence and that the process was free and fair. We cannot ask for more.

    “We are very proud of this accomplishment and we have asked Dr. Fayemi to use the intervening period between now and then to reflect on all that he needs to reflect on so that by the time  he is sworn in formally, he will hit the ground running because the Ekiti people can not afford to wait any longer to begin to see a renewed and refocused leadership that will ensure the quality of life of the Ekiti people.

    “We have also appealed to him to readily see the wisdom to carry along various shades of opinion and also reach out to the opposition and ensure that he carries them along in the governance of the state. That is the promise of democracy.

    “In fact, democracy works well, regardless of who wins, if the winner governs well for the benefit of all. Indeed, the people can never lose in a democracy and we trust that Fayemi will do all that, including addressing the huge liability.”

  • Ekiti poll: INEC set for release of results, mounts electronic board

    As residents  anxiously await the result  of  Saturday’s governorship election in  Ekiti, preparations  for the final collation and announcement of the outcome of the crucial poll reached a feverish pitch at the headquarters  of the Independent National Electoral Commission(INEC) on New Iyin Road in Ado-Ekiti.

    A correspondent of the News Agency of Nigeria (NAN) at the venue reports that stern-faced security operatives had mounted a check point some metres away from the  INEC headquarters.

    The combined team of  security agents had  insisted on all visitors disembarking while they were  screened before entering the premises of the collation centre.

    NAN  learnt that the security beef up followed speculations that some hoodlums might  be planning to disrupt activities at the venue of the final collation exercise,  prompting the deployment of more security  personnel to the INEC headquarters.

    Already, INEC had dismissed the purported results of the election posted on the social media, saying the figures did not emerge from the commission.

    The Ekiti Resident Electoral Commissioner  (REC),  Prof.  AbdulGaniyu Raji, made the clarification in a statement issued on Saturday evening.

    “Our attention has been drawn to illegal release of results of the 2018 governorship election in Ekiti State on the social media.

    ” Consequently, we wish to inform the general public  that the Ekiti state governorship election   is still ongoing.

    “Counting of ballots is still in progress, collation of results is equally going on in some areas.

    ” All the floating news in the social media in respect of the results  of the election should be discountenanced by the public.

    “The announcement of the election result would be made by Independent  National Electoral Commission  (INEC) at the appropriate time,” Raji said in the statement.

    NAN also reports that a giant electronic screen board had already been mounted on a pavilion to display the results of the election  held in  2,195 polling units spread across 177 wards in the 16 local government areas of Ekiti.

    Some members of staff of the commission were also sighted making last minute preparations to ensure that the pavilion  was  ready for the announcement of the final results.(NAN)