As it happened in 2006, the people of Ekiti State are being treated to another drama of impeachment as Governor Ayo Fayose is locked in a bitter power struggle with 19 opposition members of the House of Assembly. Odunayo Ogunmola reports
It started like a child’s play. But, it has assumed an alarming dimension which is threatening governance, peace, progress and development of Ekiti State, the acclaimed Fountain of Knowledge and Land of Honour.
Governor Ayo Fayose is fighting a battle of his life to keep his seat. It is a battle of wits with the All Progressives Congress (APC) members of the House, who accuse him of gross misconduct in the discharge of his official functions.
Also on the firing line is the Deputy Governor, Dr. Kolapo Olusola, who is facing a charge of gross misconduct.
The impeachment scare commenced on Saturday, April 4 when the news of the impeachment hit the airwaves.
But, Fayose who described the opposition legislators as “comedians”, claimed that he had not been served any impeachment notice describing the action as politically motivated.
The foundation of the latest crisis was laid by the mutual suspicion that existed between Fayose and the APC legislators, shortly after his inauguration as governor on October 16, last year.
The governor was not happy that the Speaker, Dr. Adewale Omirin, did not attend his inauguration, fuelling suspicion that the number one legislator was not favourably disposed to the new regime.
The relationship between Fayose and the Omirin-led APC legislators was further strained when the governor alleged that the lawmakers have received N350 million from their godfather to impeach him from office. The allegation was denied by the lawmakers.
With the seven Peoples Democratic Party (PDP) members, compared to APC’s 19, pushing Fayose’s agenda through might be difficult. Hence the need to empower his party’s legislators.
On November 17, a legislative coup was staged when the seven PDP legislators stormed the House in a dramatic manner and appointed Dele Olugbemi as the protem Speaker to screen and ratify Fayose’s commissioner — nominees and the list of local government caretaker appointees.
Encouraged by the “exploit,” the seven PDP members staged another dramatic return on November 20 to “finish” the work they had started when they “impeached” Omirin and “elect” Olugbemi as “Speaker.”
Fayose has since been working with the seven PDP legislators, who scrutinized and passed the 2015 Appropriation Bill into Law.
The APC legislators described all actions carried out by Fayose in conjunction with the seven PDP legislators as “crass illegalities”, which would not be allowed to go unchallenged.
The 26-member House needs, at least, 18 members to remove a governor, who is found guilty of allegation of misconduct in line with Section 188 of the Constitution, which stipulates a two-third majority to effect a removal of erring state chief executive.
Section 188 Sub-section 1-5 of the Constitution outlines the procedure for the impeachment of the Governor and the Deputy Governor.
It states: “The Governor and the Deputy Governor may be removed from office in accordance with the provisions of this Section.
“Whenever a notice of any allegation in writing signed by not less than one-third members of the Assembly of the State stating that the holder of such office is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified, the Speaker of the House, shall within seven days of receipt of the notice cause a copy to be served on the holders of the office and on each member of the House, and shall also cause any statement made in reply to the allegation by the holder of that office, to be served on each member of the House.
“Within 14 days of presentation of the notice to the Speaker of the House of Assembly (whether or not the statement was made by the holder of the office in reply to the allegation contained in the notice), the House of Assembly shall resolve the motion without any debate whether or not the allegation shall be investigated.
“A motion of the House that the allegation be investigated shall not be declared as having been passed unless it is supported by the votes of not less than two-third majority of all members of the House.
“Within seven days of passing the motion under the foregoing provisions of this action, the Chief Judge of the State shall, at the request of the Speaker, appoint a panel of seven persons who, in his opinion, are of unquestionable integrity not being members of any public service, legislative house, or political party to investigate the allegation as provided in this Section.”
The move to impeach Fayose has heightened tension.
The notice reads in part: “We the undersigned members of the Ekiti State House of Assembly hereby wish to bring to your attention acts and actions of Mr. Peter Ayodele Fayose, the Executive Governor of Ekiti State in performance of the functions of the office which are in violation of the Constitution amount to gross misconduct.
“The said acts and actions are as follows:
.Invasion of the House of Assembly with thugs and miscreants
. Instigating an unconstitutional takeover of the House by seven legislators to sit in contravention of Section 96 (2) of the Constitution of the Federal Republic of Nigeria
. Prevention of 19 APC Legislative members from performing legislative duties with the use of security agents and armed thugs
. Sponsoring an unlawful impeachment process in House
. Spending Ekiti State funds without requisite constitutional approval in contravention of the Constitution
. Running the government of Ekiti State without legally constituted Executive Council in contravention of Section 192 (2) of the Constitution of the Federal Republic of Nigeria
. Operating an illegal 2015 Budget
. Instigating illegal sitting of the House
“You are hereby informed that you are at liberty to respond to the allegations within seven (7) days hereof.”
The raging fire of the impeachment crisis was further stoked with a “special sitting” held by the APC legislators on April 8 at Mary Hills Boys High School, Oke Ila, Ado-Ekiti where they passed a resolution directing the Chief Judge, Justice Ayodeji Daramola, to set up a seven-man panel to investigate the allegations of gross misconduct against Fayose.
The Majority Leader and lawmaker representing Irepodun/Ifelodun 1, churchill Adedipe, in his lead debate, said the Constitution and the Standing Order empowered them to sit in a public building in the state capital, if the prevailing situation does not allow them to sit in the hallowed chambers of the House.
The seven PDP legislators led by factional Speaker Dele Olugbemi also wrote a counter-letter to the CJ, urging him to discountenance any letter coming from the APC legislators.
Olugbemi claimed that he was the legitimate head of the legislature and any letter coming from anyone claiming to be Speaker amount to impersonation.
As expected in any power struggle, tension has gripped the state, since the impeachment crisis erupted.
The supporters of Fayose, apparently mobilized for the purpose, seized the streets on three occasions, protesting against moves by the majority legislators to impeach him from office.
The first anti-impeachment protest on April 7 was the most violent since the latest crisis started.
On that day, the protesters, including drivers’ union members and suspected party thugs, had trooped out as early as 6.30 am, laying siege to all entrances and exits of Ado-Ekiti and other major towns.
They blocked the roads with logs of wood, bonfires, tyres, stones, trailers and other heavy objects.
A PDP supporter, Modupe Olaya was killed during violence that broke out at Itawure, on the outskirts of Efon Alaaye.
Olaya was shot at a military checkpoint at Itawure where the PDP supporters had massed to stop the APC legislators from gaining access to Ado-Ekiti.
Hoodlums wielding machetes, knives, cudgels and other dangerous weapons terrorised innocent citizens in Ado and Ikere and stopped commercial and private vehicles carrying commuters to various destinations.
On April 7, leaders of labour unions, road transport workers and party supporters blocked roads in Ado-Ekiti, following a rumor that the APC legislators were coming to hold a sitting.
The unions The Nigeria Labour Congress (NLC), Trade Union Congress (TUC) and the Joint Negotiating Council (JNC)-had at a Peace Rally held a day earlier (April 6) and directed civil servants to stay away from work and pray for peace.
The labour unions also directed that commercial vehicles and motorcycles should stay off the streets between 6.00 am and 12 noon.
But, hoodlums molested innocent residents going about their normal activities.
They had moved to the streets of Ado-Ekiti to enforce the ‘order’ as early as 6.30, am erecting barricades on major highways that lead to Ado-Ekiti, the state capital.
Travellers from neighbouring states — Kwara, Kogi, Osun, Ondo — passing through Ekiti suffered untold hardship in transit as their vehicles were delayed for many hours.
Policemen and traffic wardens were nowhere to be found, as some drivers who dared to go out were held up in a huge traffic gridlock in Okesa area.
Some residents of Ado-Ekiti, who had got to their various bus stops, returned home frustrated on learning that the city was “boiling” as news of the incident spread.
Others who were caught in the web of the crisis could neither go to their places of work nor move their vehicles.
On April 20, Fayose’s supporters moved from the 16 local government areas and stormed the House of Assembly following another rumor of the coming of the APC legislators.
Fayose had in a broadcast alleged that the APC members were planning to storm the House complex, urging his supporters to go to the place and frustrate the plot to remove him from office.
The governor said his party members, drivers, okada riders, market women and other interest groups must defend the mandate they gave to him at last year’s governorship election.
The PDP loyalists chanted party slogan and rained curses on the APC legislators.
Members of the drivers’ unions and commercial motorcyclists did not participate in the protest as it was mainly a PDP affair.
The House complex was under lock and key, while stern-looking heavily armed policemen blocked all the major roads linking to the complex. Few vehicles that were allowed passage were thoroughly checked and passers-by frisked by security agencies.
The PDP loyalists clustered around the vicinity of the Assembly, they were not allowed near the parliament building by armed security men drafted to the complex.
They defied the scorching sun for the greater part of the day and sang abusive songs. They said they had come to occupy the House and keep vigil to frustrate any impeachment of Fayose.
The House complex was like a marketplace when reporters visited at about 11.00 am but the situation was kept under watch by security men made up of regular and riot policemen who were on hand to prevent any act of violence.
The buses that brought the PDP members to the area lined the streets adjoining the Assembly complex. They were still there at the time of filing this report.
Many civil servants working in ministries, departments and agencies with offices at the State Secretariat stayed away from work.
Unlike the previous protests, major roads of Ado-Ekiti were not blocked.
Shops and markets were opened for business and residents were not molested as only the vicinity of the House complex was the “action spot.”
Fayose’s supporters’ march to the House disrupted the resumption of schools for the third term as majority of pupils and students were sent back home in Ado and Ikere.
Many parents kept their wards at home to prevent them from being caught in the crossfire of political gladiators.
The situation affected both public and private schools in the city, with many of them closing their gates while those without gates had their officials turning back few pupils and students who ventured to go out to resume from holidays.
The few ones that opened for the third term resumption had to politely send back parents and their wards, on the excuse that the coast was not yet clear.
The decision of commercial drivers and motorcyclists not to participate in the third street protest against plan to impeach Fayose excited the state chapter of the APC.
The APC Publicity Secretary, Taiwo Olatubosun, commended the drivers and many okada riders for refusing to join the protest so as not be used as cannon fodder “while the governor’s children were kept in safety and luxury abroad”.
The Secretary of the PDP, Dr. Tope Aluko, described the impeachment crisis as a contrived plan by the APC to throw the state into chaos after losing the governorship seat.
Aluko accused the APC of desperation and an attempt to gain power through the backdoor.
Elders and traditional rulers have deplored the long-running crisis resulting from the impeachment proceedings.
The Ekiti Council of Elders called on the warring factions to embrace peace and allow the interest of Ekiti to supersede personal ambitions.
Addressing reporters in Ado-Ekiti, the Chairman, Standing Committee of Ekiti Council of Elders, Chief Deji Fasuan, said the crisis could still be resolve, if the parties could make concessions.
Fasuan said: We are appealing to our sons and daughters, actors in the political process to admit that this world with all its benefits and travails is transient; that what matters ultimately is how many people, or how much of the population we put smile on, when we are on this side of the divide.
But, the State Council of Traditional Rulers has voiced its opposition to any plan to impeach Fayose from office, accusing the opposition legislators of frustrating peace moves by the Obas to resolve the crisis.
Its Chairman, Oba Adamo Babalola, the Onitaji of Itaji-Ekiti, maintained that Fayose should be allowed to exercise the mandate given to him at the 2014 governorship poll.
He said: “We appeal to Governor Ayodele Fayose to graciously consider giving palliative measures to alleviate the sufferings of the agitating legislators”.
But the APC slammed the Obas for allegedly taking sides in the crisis accusing them of keeping quiet when the governor was allegedly committing illegalities.
The APC Chairman, Chief Olajide Awe, in a statement deplored what it called “the partisan intervention of the traditional rulers in the crisis” adding that the party’s not surprised by by the roles of the Obas.
Taking sides with Fayose and his government, according to Awe, is akin to supporting illegalities, brigandage, attacks on the constitution and the rule of law allegedly witnessed in the state.
Awe said: “When we read in the media that the Obas agreed to keep quiet when Fayose unleashes violence on the opposition, we did not believe until events began to unfold.
“We ask: where were the obas when Fayose stormed the court to desecrate the temple of justice? They kept quiet. Where were they when the 19 lawmakers were being hunted in their homes?
“What did they say or do when seven members of PDP held illegal sitting to purportedly impeach Omirin?
“The seven PDP lawmakers sat to approve the budget, Fayose’s cabinet nominees and pass certain laws that required public hearings but they refused to hold public hearings on these laws, what did the obas say about these illegal acts and what did they say or do as the fathers of all to correct the anomalies?
A legal web has been woven around the Ekiti impeachment crisis as the two factions in the Ekiti Assembly have filed suits in the courts and the determination of the suits will determine how direction of the crisis.
But, the Ekiti impeachment crisis is generating questions everyday but no answer seems to be coming.
Some of the questions include: can the impeachment plan of the APC legislators see the light of the day? Will it be legal if it succeeds and can it stand the test of time in the court of law? Did Fayose breach the Constitution he swore to defend? Can anything done by seven legislators in a House of 26 members be legal?
What happens if the CJ refuses to set up the panel till the tenure of the lawmakers expire? What can be done about the withheld salaries and allowances of the APC legislators? Can a political solution be found to the logjam?
Time will tell.
