Posted by By YINKA FABOWALE, RAZAQ BAMIDELE, ADESINA AYEKOTI, Lagos, and TUNDE RAHEEM, Ado Ekiti on
A major political and constitutional crisis appears looming in Ekiti amid moves and counter-moves by actors in the impeachment saga now rocking the state.
A major political and constitutional crisis appears looming in Ekiti amid moves and counter-moves by actors in the impeachment saga now rocking the state.
The Remi Bamigboye-led panel had absolved the governor and his deputy from blame following the failure of the state lawmakers, who are the complainants in the matter to appear before it or make legal representation to press the charges.
The action, which triggered off jubilation and protests in the two feuding camps, came as Justice Jide Aladejana, named acting Chief Judge in place of Justice Kayode Bamisile (the purportedly suspended CJ) by the State House of Assembly constituted another seven-man panel for the exercise.
The development came at a time Lagos lawyer, Chief Gani Fawehinmi (SAN) faulted the purported suspension and cautioned Aladejana against accepting the "offered appointment."
But the legislators yesterday dismissed the work of the now dissolved, controversial panel describing it as a "kangaroo one."
But announcing its findings, the investigative committee, which reconvened at 1.00p.m, after waiting in vain for the lawmakers and their legal representatives to open the case yesterday morning, said it deemed all the allegations of gross misconduct against the governor and his deputy, contained in the notice of impeachment abandoned by the Assembly following their absence.
Its spokesman, Mr Alli Apanisile, who read the report said: "It is trite that, he who alleges must prove beyond reasonable doubt in criminal allegation as it is in this case. The allegation is therefore unsubstantiated, gold-digging and therefore failed in its entirety."
Apanisile said the committee's report would be submitted to Justice Bamisile who constituted it.
No sooner the panel made known its report than the embattled governor and his loyalists stormed the major roads of the state capital in jubilation.
Trouble, however, started when they ran into a group of aggrieved youths who began pelting his party with stones and other objects, and calling him names.
Anti-riot policemen had a hectic time putting the situation under control. But Fayose and his entourage after leaving the scene still drove round the town with the governor acknowledging cheers from an open-roof car.
Speaking with Daily Sun on phone Thursday, the Speaker, Chief Friday Aderemi, who described the panel as a kangaroo one asserted that "what they have done was nothing but a total breach of the constitution, pointing out that it was the duty of the House of Assembly to deliberate on the panel's findings before any pronouncement could be made to the public.
"After their sitting, they should hand over their findings to the Speaker, who would, within seven days notify the House and then commence deliberation on their findings. It is after the deliberation that the Speaker, backed by not less than two-third of the House may pronounce the verdict of guilty or not guilty."
He regretted that those in government who were supposed to know the rule of law were exhibiting ignorance of the law pointing out that "the development has further confirmed the type of character we are dealing with."
He said the House was awaiting the report of the newly constituted panel to do justice to the matter, while describing the Bamigboye committee as discredited.
The names of members of the new panel are: Emmanuel Omotose Bamidele (chairman), Deacon Olajubu Solomon Obaleye, Ismail Olowolafe Daisi and Kayode Filani. Others are: Dr Mrs Funmi Adeniyi, Revd. F. Fijasan and Major (Rtd) O. Odusina.
Chief Fawehinmi, however, argued that the purported suspension of the CJ without the recommendation of the National Judicial Council (NJC), was an usurpation of the authority of that council and was to that extent unconstitutional, contending that even though he was opposed to the "corrupt" administration of Governor Fayose and in total support of the impeachment process, "the answer was not meeting one illegality with another illegality or one unconstitutionality with another unconstitutionality."
He said only the NJC headed by the Chief Justice of Nigeria was constitutionally empowered to discipline the CJ and thus advised the "Acting Chief Judge" not to accept the appointment without reference to the NJC as to what to do.
He said the lawmakers went beyond their powers under the constitution of the Federal Republic of Nigeria, 1999 by suspending the Chief Judge, even if the CJ had not acted properly in his choice of some of the members of the panel in the impeachment exercise.
He explained that under section 292(1) (a) (11) of the constitution, a chief judge can be removed from office by the governor upon the address of the state House of Assembly supported by two-thirds of the members.
Meanwhile, Chief Adeniyi Akintola (SAN) has denied bribing the Chief Judge as alleged by the State House of Assembly. The Atate Assembly had suspended Justice Bamisile on Wednesday on sundry allegations, including allegedly receiving a N15 million bribe from Chief Akintola over a case in which Akintola represented the Assembly members against the Economic and Financial Crimes Commission (EFCC).
Chief Akintola, who was deputy speaker in Oyo State House of Assembly in 1992, in a press statement yesterday vehemently, denied the allegation describing the House resolution as: "spurious untrue and a despicable act".
The lawyer asked the State Assembly to explain how he would collect N25 million for a brief, pay 25 per cent of it to the Assembly as taxes and give N15 million to the Chief Judge, leaving him with a paltry 10 per cent of his income for the case.
"The Assembly members were not charitable to me when they assumed that I will settle for 10 per cent of my professional fees as my income and giving out 90 per cent of same to outsiders." He challenged the lawmakers to prove their allegations, even as he threatened them with legal action, unless they wrote an apology to him.