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Tag: Fayose

  • Ayo Fayose: Before it is too late

    Ayo Fayose: Before it is too late

    Of  all those I spoke to, not a single one  was convinced Governor Fayose would honour his word…

    Let me state from the outset that this is a dangerous undertaking I am getting into; not from the point of view of safety of life – that is in God’s hands – but rather from the multiple interpretations that could be given to what you will be reading in this article.  The Yoruba, in their millennial wisdom have this saying: oun to wa lehin ofa, o ju oje lo – which can literally be translated as there is so much that is unknown.  I expect that Governor Ayo Fayose, as a free born Yoruba, should understand that perfectly.

    Left to those watching the  running, macabre drama playing out in Ekiti from a distance, the governor is not only well loved by Ekiti people,  he has, in fact, become a demi god. After all, didn’t he win the June 21, 2014 governorship election 16:0, followed it up with two successive wins in the  2015 general elections and capped it up with the victory at the Supreme Court; serving as  an icing on the cake? And by the way, didn’t the whole city of Ado-Ekiti poured out on his victory parade through the state capital? At a stage in his life, Charles Taylor could have had the entire Liberian population line up the streets, in scorching sun, to sing panegyrics in his honour. But on Thursday 26, September 2013, Charles Taylor lost his appeal against a war-crimes conviction as judges confirmed a 50-year jail term against the Liberian ex-president for encouraging rebels in Sierra Leone to mutilate, rape and murder victims in its civil war, holding that “the  primary purpose was to spread terror, and that brutal violence was purposefully unleashed against civilians with the purpose of making them afraid, afraid that there would be more violence if they continued to resist.”

    On that day, not  a single one of  his  crooning Freetown crowd was anywhere in sight as Presiding Judge George Gelaga King pronounced those words. Lesson: Governor Ayo Fayose should desist from encouraging acts of brigandage in Ekiti state.

    I am aware that Governor Fayose has reacted, soberly, to his Supreme Court victory and among other things he said, and I quote: “to my opponents, I plead with you to sheath your sword and join me in the development of Ekiti State. If truly our struggle is about service to our dear State, it is time to come together and channel all our resources towards the development of the State. I am irrevocably committed to the protection of all, including the opposition in the State. Nobody is infallible, and I am not a perfect being. The only one that is perfect is God…”

    Before I set  out to write this piece at all, knowing my views could be given a million interpretations, especially at a time PDP  could not  have completely expended all its dollars, I consulted a variety of Ekiti stakeholders, deliberately avoiding speaking with any of  our politicians. Of  all those I spoke to, not a single one  was convinced Governor Fayose would honour his word, going by what they claim to have come to know about  him. When I posited that a wise one like him should understand, and appreciate, the  probable consequences of  May 29,  one of the individuals, a Consultant Orthopaedic and Trauma Surgeon who told me he had  studied Fayose closely since his first coming,  told me: Oga, with all due respect, you would believe anything  if  you took the governor’s words for it.

    I consider these testimonies a major character flaw and a possible hindrance to how much my suggestions  would go in resolving the logjam since they would require trust and  fidelity on both sides of the divide. Trust is of the essence as,  without it, Ekiti as well as its poor people would literally rot in this unfortunate conundrum.

    On  the Ekitipanupo web portal, an indigenous intellectual forum , Wednesday, 14 April 2015,  a forumite, Port Harcourt-based Tope Ojo, directly asked from me: ‘What is the way forward,’ in this long running, profit-less battle between PDP and the APC, each  of which has ruled Ekiti for 8 years? I replied, with some editing, as follows:

    ‘Thanks Tope. Let me react to the most important part of your  mail: the way forward. Honestly, effective from today, given the Supreme Court decision, I will candidly advise as follows: Let everybody, party, organisation and individuals reach a consensus that governor Fayose should run his term. Let him in turn climb down from his high horse, apologise  to Ekiti  people, via a television broadcast,  for all the obvious illegalities he has committed and promise that henceforth, he will conduct Ekiti affairs  decently like any other governor in the country. I am sure that  those who neither like nor trust him will be willing to forgive while those who love him will do so the more. Let him try everything, together with all stakeholders, to return peace to Ekiti.  On the other hand, let the G.19 drop the impeachment process all together in the full knowledge that four years, even ten, is not a life time. We cannot fight one another forever as we have done for the last 10 years at the expense of the state’s overall development. It is time to sheath our swords’.

    ‘There is a lot more to do for genuine peace. For starters, Governor Fayose should pay all outstanding emoluments due to the G.19 as well as pay the outstanding salaries, and severance packages, of the political appointees of the last administration. Whoever was relieved of his/her job for political reasons should be promptly recalled.  The governor must genuinely set out to restore peace to Ekiti. It has been shown abundantly in the bible that God can use anybody for His purpose. Governor Fayose should not see the Supreme Court judgment as an opportunity for gloating. Rather, he should use it to usher in peace and cordiality in Ekiti. We have lost a lot. We have become the butt of jokes worldwide. Let him initiate a rapprochement, first with all the former governors, and then, with Ekiti leading lights across board. Let the interest of Ekiti take centre stage. He must make the first move for others, our Obas and leading lights in commerce, church and community as well as the people, in general, to join him in starting a new era of peace and understanding in Ekiti. He is not a sole administrator and must never see himself as such. I have been a constant Fayose critic but I think we must now put a closure to all that for the sake of Ekiti. May the good Lord help us. Amen’.

    Nobody needs be told that there has been nothing like governance in Ekiti in the past six months. Enough should be enough. The era of brigandage should be over. Governor Fayose must provide an enabling environment for every arm of government  to operate and Olugbemi and his  gang  of  7- man rogue parliament must be put exactly  where they belong.  I regret being a member of the state ACN screening committee that cleared that man for elections in 2011. The G.19, as w all saw in the recent elections, must have realised that in politics, as in life generally, you cannot win all the time. They too must embrace peace. Ekiti has suffered enough and  one of the topmost Ekiti lawyers I spoke with does not think the impeachment attempt stands a chance in a million of being concluded before the end of their term. That is even, if all approaches to their hallowed chambers were not to be barricaded as we have once seen. It should be time for governance which many of those I spoke with said Fayose is incapable of. He must now prove  such people wrong. He must realise he is the face of Ekiti and come May 29, he would look for, but not see any of those roughnecks currently at his beck and call if they do not want to spend time in jail.  Governor Fayose, in case he does not know, is himself under some close watch by the Human Rights community, whatever the braggadocio of his spokespersons.

    Finally, I plead with all well meaning Ekiti, across board, to buy into this peace process and let us see Ekiti take its rightful place in the progressive and totally development-oriented government General Muhammadu Buhari is set to usher in effective 29, May 2015.

    Ure Ekiti a soju kete ra o. Amin.

  • The Fayose paradox

    The Fayose paradox

    It is unfortunate that the law could still rise to protect a man who  has scant regard for it

    THE triumph of the Governor of Ekiti State, Mr. Ayo Fayose, at the Supreme Court, would rankle many who feel genuinely offended, by his maltreatment of the law and its officers, in his fight to keep his position. Resorting to unconventional ways to stave off pre-election qualification suit against him, Mr. Fayose’s thugs allegedly got a judge rough-handled, had a court’s registry upturned, and ensured that the High Court’s proceedings against him were forcefully aborted. Yet, despite these allegations of brazen assaults against the judiciary, the majesty of the law rose to protect him, in the appeal filed by the All Progressives Congress (APC) challenging the decision of the Court of Appeal, which upheld his election.

    In dismissing the appeal filed by the APC, the Supreme Court upheld the earlier judgment of the Court of Appeal and the Election Petition Tribunal, which had upheld the governor’s election. In a unanimous judgment, the Supreme Court held that Mr. Fayose was not legally impeached in 2006, and as such he could not be deemed unqualified to re-contest the governorship election held last year. The apex court held that the actions of the then acting chief judge, Jide Aladejana, which set up a second impeachment panel, after the first panel set up by the former chief judge, Kayode Bamishile, had failed to find impeachable offences against the governor, amounted to a nullity, as it contravened section 188(8) of the 1999 constitution.

    The Supreme Court also dismissed the claim that Governor Fayose presented a forged Higher National Diploma Certificate, on the grounds that the appellant failed to prove his allegation. The court resolved that whether Peter Ayodele Oluwayose and Peter Ayodele Fayose are one and the same, had been resolved in 2004, when the then Alliance for Democracy took the matter before the Court of Appeal, which was the apex court on governorship election matters then. The court also failed to rely on the issue of deployment of soldiers as a ground to nullify the election, as it contended that the finding of the Court of Appeal was an obiter dicta (a judge’s incidental remark that is not essential to his decision and therefore not legally binding as a precedent) and not a ratio decidendi (the point in a case which determines the judgment) appealed against.

    Many of Fayose’s opponents expressed sadness that a fellow who has been very callow with the judicial process could be protected by it. In expressing her frustration, the APC in a statement said: “we had expected that the judgment will serve as a deterrent to the like of Mr. Fayose, who believes in impunity and extra-judicial method of doing things. We are shocked that a man who did not allow a case of eligibility against him to be heard till today at the State High Court after assaulting judges and desecrating the judiciary would come out clean at the topmost temple of justice”.

    Even stranger is Mr. Fayose’s capacity aided by the federal authorities, to emasculate the Ekiti State legislature; and the seeming inability of the judiciary to rise up in defence of that critical arm of government. In a manner which smacks of autocracy, Mr. Fayose has so far been able to use seven members of the state House of Assembly to run the legislative arm of the state, while the majority 19 members have been forced out of town. Shockingly, the efforts of the majority members to rely on the judiciary, to save their authority from the cudgels of Mr. Fayose have at best met limp support.

    The sorry state of our democratic enterprise in Ekiti presently, is that with less than one-third members of the state legislature, Mr. Fayose has been pretending to be running a democratic government. The speaker whose position has been usurped, is left in the lurch with his group, while his minority colleagues, turned law-breakers, have been able to ‘pass’ the budget, approve commissioners and engage in other legislative misdemeanours, while the law stands akimbo. That is why those opposed to Mr. Fayose were wishing that the apex court would have ears and eyes to see for itself that the man whom the law seeks to protect has shown scant regard for the rule of law.

    For the ordinary folk, the law surely acts strange. Such strangeness lies in the fact that Mr. Fayose could well abuse the same system that aides him, without any severe consequence. Perhaps the problem lies with those handling the case. Perhaps the litigants have not adequately made their case before the court, or if they did, they were not able to prove it. Perhaps the problem lies with our legal system. Perhaps Fayose’s executive lawlessness aided by the federal power had made it impossible for the court to hear and determine the post-election suit against him. Well, in forcefully emasculating the lower courts, Mr. Fayose’s confidence was well founded, as the Supreme Court has now resolved the germane issues in his favour.

  • Fayose must account for security breaches in Ekiti, says APC

    Fayose must account for security breaches in Ekiti, says APC

    The All Progressives Congress (APC) in Ekiti State has called the attention of the security agencies and Nigerians to the spate of security breaches in the state, saying Governor Ayodele Fayose is responsible for the state of siege Ekiti people have found themselves.

    Reacting to Friday morning blockade of entry points to Ado-Ekiti by the supporters of the governor, Publicity Secretary, Taiwo Olatubosun, in a statement said the governor ordered the blockade of the entry points to prevent the 19 APC lawmakers from accessing the House of Assembly to carry out their legislative duties.

    His words: “In this latest show of shame arising from his apprehension about Thursday Abuja Federal High Court’s refusal to grant his application to stop the 19 APC lawmakers from impeaching him,  he this morning employed the services of the drivers union to cause untold hardship to Ekiti people who were prevented from going about their lawful duties.

    “We have now realised that the two-day public holiday he declared in the state for peace is to actualise this evil plan. We have also realized that the man that is supposed to be the state chief security officer is the state chief security risk.

    “It is so bad that the dead was not spared from this barbaric act as a casket conveying a dead body was forced open by Fayose’s thugs because they suspected it could be Speaker Adewale Omirin who was about to be smuggled into the Assembly.”

    Olatubosun regretted that the illegal blockade caused untold hardship to commuters as no vehicle could enter or leave Ekiti from any point while many people who had urgent  business appointments had to  trek from Ikere to Ado Ekiti.

    “A man who claims to be popular does not need to employ the services of thugs and the coercion of all labour unions into embarking on a solidarity rally to prove that he is popular.

    “In our view, Fayose ought to have subjected himself to the scrutiny of the lawmakers who have pledged to give him a fair hearing on the allegations of constitutional breaches against him,” he said.

    APC spokesman said no matter the number of labour unions engaged to embark on spurious solidarity rallies and blockade of Ekiti roads; it would not stop the elected lawmakers from performing their constitutional duties as affirmed by the courts.

    “The earlier Fayose surrenders himself to the law the better. The season of impunity is fast grinding to a halt and we believe he has realised this.
    “We call on the security agents to be alive to their duties by calling the governor to order as he cannot continue to put Ekiti State under needless siege. This impunity must stop before Fayose turns Ekiti into a banana republic,” Olatubosun concluded.‎

     

     

     

  • Court refuses to stop impeachment move against Fayose

    Court refuses to stop impeachment move against Fayose

    Justice Ahmed Mohammed of the Federal High Court,  Abuja, yesterday rejected an oral application by counsel to Ekiti State Governor Ayodele Fayose to stop the impeachment move against the governor.

    The counsel, Ahmed Raji, had shortly before the end of proceedings in the case, applied orally for an order directing parties to maintain status quo ante bellum “to stop things from degenerating further”.

    Justice Mohammed, in a ruling, rejected Raji’s prayer and upheld the argument by Terence Vembe, counsel to Ekiti State Speaker, Adewale Omirin, that granting such prayer will amount to the court amending its earlier ruling that the defendants were still within the time frame earlier ordered by the court.

    The judge had, last Wednesday, refused Fayose’s ex-parte prayers for interim injunctions restraining Omirin and other defendants in the case from proceeding with the impeachment move.

    Instead, Justice Mohammed ordered the defendants to show cause why the orders of interim injunction sought by the plaintiffs should not be granted.

    Plaintiffs include Olugbemi Joseph Dele (who claimed to be Speaker of the State Assembly), Ekiti State House of Assembly, Fayose and his deputy, Olusola Kolapo.

    Listed as defendants are Omirin, the Inspector General of Police (IGP), Independent National Electoral Commission (INEC) and the Chief Judge, Ekiti State.

    At the commencement of proceedings yesterday, Raji urged the court to grant the order of interim injunction because none of the defendants complied with the court’s order, directing them to show cause.

    “None of the defendants has filed any paper and already a life has been lost on the account of trying to carry out the illegal act (impeachment).

    “To save more lives, I urge my Lord to grant the reliefs 5, 6, 7 and 8 on our motion paper.”

    Vembe objected and told the court that his client was contesting the mode of service of the court processes on him, which he said, was done through a newspaper publication on April 11, which was a public holiday.

    He faulted the service effected by the plaintiffs via a publication in Nigerian Tribune on April 11 on the ground that movements were restricted on that day because of the governorship and House of Assembly elections.

    In a brief ruling, Justice Mohammed upheld Raji’s argument that Vembe could not canvass any argument on the issue of service orally without putting it in writing as required under the court’s rules.

    Vembe proceeded to argue that his client was still within time to obey the court’s order directing him and other defendants to show cause.

    Although Raji objected to Vembe’s further argument, Justice Mohammed, in yet another brief ruling, upheld Vembe’s argument.

    The judge noted that the publication ought not to have been done on a public holiday.

    He held that the three days within which the defendants were required to comply with the court’s order began to run on Tuesday, April 14 and will end on Friday, April 17.

    “As of today, the first defendant is still within time as provided by Order 36 Rule 13 of the Federal High Court Rules,” the judge said.

    Further hearing in the case has been fixed for April 29.

  • Fayose, others oppose withdrawal of suit by 19 APC lawmakers

    Fayose, others oppose withdrawal of suit by 19 APC lawmakers

    The 19 All Progressives Congress (APC) lawmakers’ bid to withdraw their suit suffered a setback yesterday as the defendants, including Governor Ayo Fayose, opposed the move.

    The plaintiffs had sued the governor and others at the Federal High Court in Lagos.

    They urged the court to declare that the Speaker, Dr Adewale Omirin and his deputy were entitled to occupy their offices except removed by the votes of two-third majority of the Assembly.

    They filed the suit, following their “impeachment” last November 20 by seven Peoples Democratic Party (PDP) members.

    The lawmakers had last week applied to withdraw the suit. They filed a notice of discontinuance.

    But counsel for Fayose and others, E.O. Afolayan, yesterday urged the court not  to strike out the suit but dismiss it.

    The development stalled the withdrawal of the case and led to a further adjournment.

    The move to withdraw the suit  followed the 19 lawmakers’ return to Ekiti and their bid to impeach the governor.

    According to Afolayan, since the plaintiffs have applied to discontinue the case, the proper thing for the court to do was to dismiss it.

    This is because when a case is dismissed, it can not be re-filed in future. But a court action can be started afresh if it is struck out.

    Afolayan argued that since Fayose and others had filed a preliminary objection to the lawmakers’ motion on notice, the court could no longer simply strike it out.

    He said the court must dismiss it to foreclose it being brought back by the plaintiffs in future.

    But the plaintiffs’ lawyer, Onyeka Ofoegbu, said the court could only strike out the suit as it had not been heard. He prayed the court not to dismiss it.

    The Inspector-General of Police Suleiman Abba, the Department of State Security Services (DSS), and the purported “Speaker”, Dele Olugbemi are the respondents.

    Others are members loyal to Olugbemi, namely Samuel Ajibola, Adeojo Alexander, Adeloye Adeyinka, Isreal Ajiboye, Fatunbi Olajide, Olayinka Abeni; and the Commissioner of Police in Ekiti.

    The plaintiffs had sought a declaration that the attempt to force them to join the Peoples Democratic Party (PDP) was against their constitution right to freedom of association.

    Justice Saliu Saidu adjourned till May 7 for arguments on whether the suit should be dismissed on struck out.

    He said he would deliver ruling the same day.

  • Again, court re‎fuses to stop impeachment move against Fayose

    Again, court re‎fuses to stop impeachment move against Fayose

    Justice Ahmed Mohammed of the Federal High Court, Abuja Thursday rejected an oral application by lawyer to Governor Ayodele Fayose of Ekiti State for an order stopping the on-going move to impeach the governor.

    Fayose’s lawyer, Ahmed Raji (SAN) had shortly before the end of proceedings in the case seeking to stop the on-going impeachment move, applied orally for an order directing parties to maintain status quo ante bellum “to stop things from degenerating further.”

    Justice Mohammed, in a ruling, rejected Raji’s prayer and upheld the argument by Terence Vembe, lawyer to Ekiti State Speaker, Adewale Omirin, to the effect that granting such prayer will amount to the court amending its earlier ruling that the defendants were still within time show cause, as earlier ordered by the court.

    The judge had, last Wednesday, refused Fayose’s ex-parte prayers for interim injunctions restraining Omirin and other defendants in the case from proceeding with the impeachment move.

    Instead, Justice Mohammed ordered the defendants to show cause why the orders of interim injunction sought by the plaintiffs should not be granted.

    Plaintiffs in the suit marked: FHC/ABJ/CS/302/2015 include Olugbemi Joseph Dele (who claimed to be Speaker of the State Assembly), Ekiti State House of Assembly, Fayose and his deputy, Olusola Kolapo.

    Listed as defendants are Omirin, the Inspector General of Police (IGP), Independent National Electoral Commission (INEC) and the Chief Judge, Ekiti State.

    At the commencement of proceedings Thursday, Raji urged the court to grant the order of interim injunction on the ground that none of the defendants complied with the court’s order of April 8 directing them to show cause.

    “None of the defendants has filed any paper and already a life has been lost on the account of trying to carry out the illegal act (impeachment). To save more life, I urge my Lord to grant the reliefs 5, 6, 7 and 8 on our motion paper.”

    Vembe objected and told the court that his client were contesting the mode of service of the court processes on him, which he said, was done through a newspaper publication on April 11 which was a public holiday.

    He further faulted the service effected by the plaintiffs via a publication in the Nigerian Tribune newspaper on April 11 on the ground that movements were restricted on that day owing to the governorship and House of Assembly elections held nationwide.

    In a brief ruling, Justice Mohammed upheld Raji’s argument that Vembe‎ could not canvass any argument on the issue of service orally without putting it in writing as required under the court’s rules.

    Vembe proceeded to argue that his client was still within time to obey the court’s order directing him and other defendants to show cause.

    Although Raji objected to Vembe’s further argument that his client was still within time, Justice Mohammed, in yet another brief ruling, upheld Vembe’s argument.

    The judge noted that the publication ought not to have been done on a public holiday. He held that the three days within which the defendants were required to comply with the court’s order began to run on Tuesday, April 14 and will end on Friday‎, April 17.

    “As of today, the 1st defendant is still within time as provided by Order 36 Rule 13 of the Federal High Court Rules,” the judge said.

    Further hearing in the case has been fixed for April 29.

    The plaintiffs are, in the substantive suit, seeking nine prayers among which is “an order setting aside the purported notice of impeachment and all steps taken by the 1st defendant (Omirin) with other errant members of the 2nd plaintiff (Ekiti State House of Assembly) in relation to the purported issuance and service of the said notice of impeachment for the purpose of commencing and concluding the impeachment proceedings against Peter Ayodele Fayose and Dr. Olusola Kolapo, except and until there is absolute compliance with provisions of section 36(1) and section 188(1), (2), (3) and (4) of the 1999 Constitution (as amended).”

    Other prayers being sought by the plaintiffs include, “An order prohibiting the 1st defendant (Omirin) and other errant members of the 2nd plaintiff (Ekiti State House of Assembly) from further taking any step, or engaging in unlawful activities relating to the impeachment of Peter Ayodele Fayose and Dr. Olusola Kolapo, except and until there is absolute compliance with provisions of section 36(1) and section 188(1), (2), (3) and (4) of the 1999 Constitution (as amended).

    “An order prohibiting the Chief Judge of Ekiti State from taking any step or action in relation to the request of the 1st defendant (Omirin) for the purpose of appointing a panel of seven persons to investigate and purported allegations of gros misconduct against Peter Ayodele Fayose and Dr. Olusola Kolapo, except and until there is absolute compliance with provisions of section 36(1) and section 188(1), (2), (3) and (4) of the 1999 Constitution (as amended).‎”

     

  • Two killed in Fulani, natives clash in Kwara

    Two killed in Fulani, natives clash in Kwara

    Bloody clash between natives of Oro-Ago, Ifelodun local government area and Fulani (Bororo) settlers has allegedly claimed two lives.

    The clash which occurred on Monday, led to the destruction of property worth millions of naira in the sleepy community.

    At least about 10 motorcycles and five vehicles belonging to some Fulani people were reportedly burnt by irate youth.

    Also in the process, four people sustained varying degrees of wounds and injuries.

    It was gathered that the fracas was allegedly triggered by Fulani (Bororo) settlers’ refusal to obey already laid down rules disallowing them from bringing arms, ammunition or fighting sticks from their settlements to town on Oro Ago market days.

    It was gathered that the Fulani traders entered the market with arms on the fateful day and the men of the local vigilance team and hunters accosted them, seized the weapons and kept it at a place in Oro Ago town.

    To the chagrin of men of the local vigilance team, the seized weapons were allegedly stealthily taken from where they were kept  by the Serikin Fulani (leader of the Fulani) and given back to his people.

    Attempt by the locals to retrieve the weapons from the Fulani was stoutly resisted, thus snowballing into a bloody clash.

    One of the youth of the area, Sogo Babarinde, who repaired phones in the market, was reportedly killed by some Fulani people.

    Another version of the report said that youth in the area also killed one of the Fulani people, before they were chased away from the community.

    Already security operatives comprising military and policemen had been drafted to the community to restore normalcy.

    Men of the local vigilance team are a also providing assistance for the security personnel.

    Spokespersons of the state police command, Ajayi Okasanmi said that only two persons were killed and not seven as being speculated, adding that men and officers of the command had been able to restore normalcy in the area after the clash.

    He also said that the Ifelodun local government authorities had constituted a committee, comprising the natives and Fulani people to resolve the matter, and prevent future reoccurrence.

  • Fayose stages roadshow in Ado-Ekiti

    Fayose stages roadshow in Ado-Ekiti

    EKITI State Governor Ayodele Fayose yesterday staged a massive roadshow with his supporters and members of the Peoples Democratic Party (PDP) to celebrate his victory at the Supreme Court.

    The governor, government officials, senior party members and supporters moved in a convoy of vehicles round the city amid singing, dancing and trumpeting.

    Before the governor came out to celebrate his victory, many of his supporters had converged on major bus stations and junctions, congratulating one another for yet another victory.

    Others who could not hide their joy headed for the Government House where another victory party was going on.

    Commercial drivers and motorcylists were ecstatic, driving dangerously and  performing stunts with their vehicles and bikes.

    There were band stands at junctions entertaining the people, who enjoyed themselves despite the searing heat.

    The crowd grew as the motorcade snaked through traffic snarls in places, such as Ijigbo-Matthew Roundabout, Old Garage, Okeyinmi, Ojumose, Okesa before the victory party terminated at the Government House.

    Addressing the crowd at Ijigbo-Matthew Roundabout, the governor, in white buba and sokoto, appealed to his political opponents to forgive him for whatever wrongs he had committed.

    “I want our people to embrace peace, there is no need for tension in the state, whoever I might have offended, I want you to forgive me because Ekiti is one and we should join hands to make the state great,” Fayose said.

    In a statement which he signed, the governor urged his opponents to sheathe their swords in the interest of the state.

    The governor appealed to the opposition to allow peace reign in the state.

    Fayose said: “I want to sincerely appreciate Ekiti people for their resilience and love for me. I am formally dedicating this victory to God and to them.

    “Having voted for me 10 months ago, and confirming the victory by the subsequent elections in the last few weeks, they have shown that they are unequivocal about their choice and their determination to protect and defend that mandate.

    “To my opponents, I plead with you to sheathe your sword and join me in the development of Ekiti State.

    “If truly our struggle is about service to our state, it is time to come together and channel our resources towards the development of the state.

    “I am irrevocably committed to the protection of all, including the opposition in the state.

    “Nobody is infallible, and I am not a perfect being. The only one that is perfect is God, but He, in His infinite mercy, has made me the governor of Ekiti State today.

    “I have a term and tenure; there will be another opportunity for Ekiti people to decide who governs them.”

    The PDP described the judgment as a triumph of democracy and the rule of law.

    The party said the ruling was a testimony that the judiciary is still the last hope of the common man having sustained the wishes and aspirations of the people

    The National Publicity Secretary, Olisa Metuh, in a statement yesterday congratulated Fayose and the people for their doggedness.

    The party urged the governor to be magnanimous in victory while using his mandate to deliver good governance in line with the PDP’s manifesto and vision of the founding fathers.

    The PDP restated its resolve to continue to support the governor and the people and vowed to resist any form of political intimidation or blackmail aimed at destabilising the state.

  • Supreme Court upholds Fayose’s election

    Supreme Court upholds Fayose’s election

    • Dismisses APC’s appeal

    The Supreme Court Tuesday dismissed an appeal by the All Progressives Congress (APC) against the decision of the Court of Appeal, Ekiti State, which upheld the election of Governor Ayodele Fayose.

    In a unanimous judgment by a seven-man bench, the court resolved the four issues determined in favour of Fayose and his party, the Peoples Democratic Party (PDP) and dismissed the appeal for lacking in merit.

    Justice Sylvester Ngwuta, who read the lead judgment, held that Fayose was not legally impeached in 2006 as claimed by the appellant and as such, Fayose could not be said not to have been qualified to re-contest election in 2014.

    The court held that since an earlier panel set up by the former Chief Judge, Kayode Bamishile did not find anything against Fayose, it was wrong for the Acting Chief Judge of Ekiti State, Jide Aladejana (appointed after Justice Bamishile was suspended) to set up another impeachment panel.

    It further held that the latter panel that found Fayose guilty was illegally because it was wrongly constituted by a Chief Judge who was not properly appointed and hence, all his actions amounted to illegality.

    “Contrary to the mandatory provision of Section 188(8) of the Constitution, the Ekiti Assembly, in apparent with hunt, procured a judge in Ekiti State Judiciary to set up a second and unconstitutional panel to investigate the 2nd respondent (Fayose).

    “It is on record that the then Chief Justice of Nigeria (CJN) wrote to the judge to say that his purported appointment as Acting Chief Judge of Ekiti State was unconstitutional and so null and void.

    “It follows that the second impeachment panel was in violation of Section 188(8) of the Constitution; the Acting Chief Judge, who set up the panel was not appointed in accordance with the relevant constitutional provisions. The proceedings conducted by the panel was an exercise in futility.

    On the appellant’s claim that Fayose be disqualified for allegedly presenting forged Higher National Diploma (HND) certificate to the Independent National Electoral Commission (INEC), the court held that the APC failed to prove its allegation.

    The court further held that the issue of whether or not Peter Ayodele Oluwayose and Peter Ayodele Fayose are one and the same (on which basis APC had claimed the governor forged the HND certificate) had been effectively resolved in a 2004 case involving Alliance for Democracy (AD) and Fayose.

    The court held that the issue of Fayose’s certificate, having been resolved by the Appeal Court in the case: AD vs Fayose 2004 AFLR part 222 at page 1719, the APC, having evolved from the AD, was prevented by the legal principle of estoppel form further raising it.

    “The appellant cannot run away from the fact that not only was the HND certificate made an issue in the earlier case, its authenticity was canvassed and decided upon by the ultimate court in election petition relating to governorship election at that time.

    “As illustrated by the learned silk for the 2nd respondent in his brief, the appellant then, AD underwent a metamorphosis and became AC and finally, APC.

    “It was the appellant in the earlier case in which the authenticity of the certificate was settled to finality and it is bound by the decision, and is estopped from raising the issue in any other case.”

    On the issue of alleged illegal deployment of soldiers for the election, the court held that the finding on the issue by the Court of Appeal was not a finding base on facts. It added that the view of the Court of Appeal on the issue was mere opinion, which had no binding force.

    “The issue of deployment of soldiers or whether or not such deployment is lawful was not a matter properly before the tribunal or the court below as the person, who made the deployment was not named.

    “At best what the appellant dubbed as crucial finding of the Court of Appeal is a comment, which amounts to obiter dictum. Obiter dicta cannot be the basis for raising a ground of appeal from which an issue can be framed. The comment is not a ratio decidendi of the decision appealed against.

    It further held that the Chief of Defence Staff and Inspector General of Police were not necessary parties in the case within the provision of the Electoral Act.

    “All the issues having been resolved against the appellant, the appeal is devoid of merit and it is my order that the same be, and is hereby dismissed in its entirety,” the court held.

    Justices John Fabiyi, Suleiman Galadima, Bode Rhodes-Vivour, Clara Ogunbiyi, Kumai Aka’ahs and John Okoro, who were members of the panel that heard the case, agreed with the lead judgment read by Justice Ngwuta.

  • Fayose: Anxiety in Ekiti over Supreme Court judgment

    Fayose: Anxiety in Ekiti over Supreme Court judgment

    All was tense yesterday in Ekiti State ahead of today’s Supreme Court judgment in the suit filed by the All Progressives Congress (APC) against the election of Governor Ayo Fayose.

    The legal dispute is on the June 21, 2014 governorship election, which the Independent National Electoral Commission (INEC) declared Fayose, who ran on the platform of the Peoples Democratic Party (PDP), winner.

    The electoral agency credited Fayose with 203,090 votes. The APC candidate, Dr. Kayode Fayemi, scored 120,433 votes.

    Fayemi conceded defeat to Fayose but his party (APC) went to court, complaining of intimidation of its members and militarisation of the poll. Besides, the APC questioned Fayose’s qualification for the election.

    Fayose’s election was affirmed by the Election Petition Tribunal led by Justice Mohammed Sirajo, on December 19, last year.

    The APC proceeded to the Court of Appeal but lost again as an Appeal Panel chaired by Justice Abdu Aboki on February 16 upheld Fayose’s election.

    Although the APC lost at the Appeal Court, the court found merit in the party’s claim that the military was used to intimidate its leaders and members before and during the election.

    The court ruled that it is illegal to deploy the military for election duties.

    Undeterred by its loss in the Appeal Court, the APC went to the apex court, to challenge Fayose’s victory.

    Fayose, in a broadcast, urged residents to maintain the peace.

    He expressed appreciation to the people for voting for his party at last Saturday’s House of Assembly polls.

    Fayose said the victory had confirmed that the PDP’s winning streak, which started with last year’s governorship poll, was not a fluke and that he is not holding a stolen mandate as alleged by his opponents.

    The governor expressed confidence that he would overcome his travails, adding that the plot to remove him will not succeed.

    Some residents have been reacting to the impending judgment.

    A State Local Government Service Commission official said what was paramount to him is the peaceful coexistence of residents.

    A farmer, Mr. Sunday Adelowo, said he did not believe that people should nurse anxiety over the judgment since the Tribunal and the Appeal Court had earlier ruled in Fayose’s favour.

    Policemen remained on guard yesterday at various places in Ado-Ekiti, the state capital where they have been since the outbreak of the impeachment crisis last week.

    The APC in Ekiti State has raised the alarm over alleged plans by members of the PDP to attack its members and supporters on Tuesday if the Supreme Court judgment threatens Fayose ‘s position.

    APC Publicity Secretary, Taiwo Olatubosun said in a statement that the party had uncovered plans to burn down houses of APC leaders and harm members and supporters if the judgment is not favourable to the governor.

    The APC said: “Since the Ekitigate tape emerged, the PDP has become more desperate in its actions over where the pendulum will swing in the impending judgment.

    “They have mapped out elaborate strategies to attack our members if the judgment does not favour the governor.

    “In Ikere-Ekiti, for instance, they have threatened  to burn down the homes of two members of the House of Assembly in Ikere Local Government, Yomi Daramola and Clement Adu Sunday.

    “One Ejila and Ibrahim are said to be the arrowheads of the planned attacks.

    “Just today (Monday), PDP members were attacking the street sweepers in Ikere-Ekiti, accusing them of not voting for PDP in the weekend election while in Ado-Ekiti, the home of APC candidate for last weekend’s House of Assembly  election, Sola Olofin, was attacked.

    “They  are planning to attack the home of another Assembly candidate, Sola Fatoba. These attacks are carryover of the violence during Saturday’s  State Assembly election, marred by ballot snatching and violence.

    “We call on the security agencies to provide adequate security for APC members while those causing crisis in the state should be arrested.”

    Also yesterday, there were speculations of “a desperate attempt to influence the verdict”.

    Two key government officials are said to be behind the moves to influence the court’s verdict.

    A source spoke of how the officials had been pushing to “reach out” to the Supreme Court Justices.

    The officials reportedly visited a senior Judiciary figure, seeking his go-ahead for a meeting with some of the Justices – a move which a source said would be tuned down to protect the court’s integrity.

    The officials, said another source, planned to tell the Justices that some of them would be dismissed on corruption grounds, when the new government assumes office next month.

    But Fayose is said to be upeat, telling his supporters that he had been assured of a favourable verdict.

    One of the officials is said to be contacting prominent Yoruba leaders to help stem the growing opposition towards Fayose in the Southwest, especially in the event that the judgment goes in his favour. His reasons is that Fayose fought Jonathan’s cause.

    A General was contacted directly by Fayose for his assistance, but his plea met with brick wall, as the respected General turned him down.

    Fayose reportedly sent emissaries to the National leader of the All Progressives Congress (APC), Asiwaju Bola Ahmed Tinubu, saying he plan to  defect to the APC if he could assist him scale the Supreme Court hurdle.

    The thinking, it was learnt, is that a rift exists between Fayemi and Asiwaju Tinubu.