Fayose's removal unconstitutional - FG Print E-mail
Written by Gilbert da Costa, VOA News   
Tuesday, 17 October 2006

Nigeria Voids Removal of 'Corrupt' Governor
By Gilbert da Costa
VOA Abuja
17 October 2006
 

The Nigerian government says Monday's removal of the state governor of Ekiti state, in the southwest, was unconstitutional and void.  The declaration has added another twist to the drama being played out in some of Nigeria's 36 states ahead of landmark elections next year.

The federal Attorney General and Justice Minister Bayo Ojo says the removal of Governor Ayo Fayose and his deputy and the appointment of an acting governor, was in violation of the Nigerian constitution.

He said the state house of assembly had no power to suspend or appoint a state chief justice.

"The procedure and circumstance under which Justice Jide Aladejana was appointed are contrary to the provisions of the 1999 constitution on appointment of an acting chief judge," he said. "Hence, all actions taken by the said Justice Aladejana in his capacity as acting chief judge are unconstitutional."

Several of Nigeria's leading lawyers have criticized the process leading to the removal of Fayose, describing it as flawed, illegal and a dangerous trend.

Chief Justice Alfa Belgore had last weekend rejected the removal of the Ekiti state chief judge and the appointment of an acting chief judge by the state house of assembly.

The assembly had rejected a panel constituted by the chief judge to investigate corruption allegations against the impeached governor.

The appointment and removal of judicial officers rest with the National Judiciary Council.

Fayose was third state governor to be removed in the past few months under what analysts say had been questionable circumstances and in disregard of the constitution.

Ayo Olakotun, a political science lecturer at the University of Lagos, says the lack of respect for due process is now a trend that may continue if not checked.

"Oyo state, Plateau state, all the impeachments so far, have had this haze of illegality. One illegality spurns another illegality because when it happened earlier, nothing was done to arrest the trend," commented Olakotun. "Therefore, those rooting for these were emboldened in their illegality. And therefore, it has become what you call a gale that is sweeping the land."

Nigeria's political landscape is increasingly taking on a more turbulent outlook as Africa's most populous country marches toward April 2007 elections.

Governors in at least two other states have been served impeachment notices. All the indicted governors have been implicated in corruption-related offenses.

 




RobotRobot is offline 
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 # 1

Nigeria Voids Removal of 'Corrupt' Governor
By Gilbert da Costa
VOA Abuja
...Read the full article.

Posted by Robot| 17.10.2006 11:01

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Mayor_Of_BaltimoreMayor_Of_Baltimore is offline 
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 # 2

From Nigeria Guardian


Amidst a detachment of her security detail, the purportedly impeached Deputy Governor of Ekiti State, Mrs. Biodun Olujimi made a dramatic appearance in her office on Tuesday. And she was talking tough:

"You are all aware that the state is going through a lot of crisis precipitated by the House of Assembly's impeachment action, which sat down and said they have impeached the governor and the deputy. It is unfortunate that such action was taken. But we have learnt from the Chief Law Officer of the country, Chief Bayo Ojo who has spoken on the issues involved and his declaration that all actions taken in Ekiti State are null and void. And so, we are taking it from that angle by saying that we are back to the status quo." She would however not entertain questions on the whereabouts of the impeached governor, Ayodele Fayose. She said: "I am in charge here as the sitting Deputy Governor.''And to demonstrate that she was really in charge, Mrs. Olujimi directed the commissioner and the accountant general of the state not to honour any directive from other quaarters. She also scheduled a meeting of the state executive council for the old governor's office which permanent secretaries and heads of government parastatals are expected to attend. The returnee Deputy Governor asked curious reporters to watch over for the next few hours as events would unfold and they would get to know who actually was in charge. The heavily armed mobile policemen at the main gate of the old Governor Office frisked all persons entering the premises. However, Mrs. Olujimi's actions did not go unchallenged. The state newly sworn-in Acting Governor and erstwhile Speaker of the State House of Assembly, Chief Friday Aderemi described Mrs. Olujimi's action as testing the will of the people of the state to resist illegality.

Posted by Mayor_Of_Baltimore| 17.10.2006 14:34

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omakingbogunomakingbogun is offline 
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 # 3

The removal of Fayose from office is being seen as unconstitutional, but why does this surprise anyone. When Half educated, and unscrupulous people are elected into office you can hardly expect them to abide by laid down procedure and rules. Why are there no meaningful orientation done prior to taking up political offices? If it is discovered that certain politicians have not grasped the full implicatios of due process then they should be exposed as being inept and unsuitable for the roles they occupy. Let us be realistic, abuse of power is another form of corruption, and the EFCC should focus its attention in this direction too.

That having been said, Fayose himself have not really helped himself. If he was responsible, honest and effective as a leader he will not be in the mess he now faces. One way or the other nemesis has a funny way of catching up with evil doers.

Posted by omakingbogun| 17.10.2006 16:22

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BABAKE!BABAKE! is offline 
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 # 4

I suspect this may be a mere trap to get Fayose back to the surface so that EFCC can take hin out. In addition, PDP is trying to buy itself some time. Obviously their best option is to keep Olujimi (Dep. Governor) there. They have put themselves in a bind in Ekiti right now. Who will prevail? The Ekiti people Vs. PDP Federal Government. Time will tell..........

Posted by BABAKE!| 18.10.2006 09:05

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tonsoyotonsoyo is offline 
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 # 5

I think the National should act promptly now by removing Obasanjo and his vice from power before they set Nigeria ablaze.

What is happening in Nigeria today is particularly painful to me because I used a lot of my time convincing a lot of die hard anti-OBJ, that he had made a giant stride in moving Nigeria forward, but I now think the man is just simply getting out of control and that he thinks he can do whatever, whenever, however with impunity to the generality of Nigerians.

You will all recall that OBJ gave legitimacy to Justice Jide Aladejana constituted panel when he allowed, the EFCC to testify before the panel. Where was the Attorney General of the Federation when the EFCC the most potent agency of the federal government decided to testify before what they now termed "illegal". Even the impeached Olujimi sent a legal representation before the panel, this is a recognition of the panel as constituted, their understanding was that Fayose would be impeached and Olujimi spared, but Ekiti lawmakers have their own joker, which they brought out last minute by impeaching Olujimi along with Fayose, but because Obasanjo has to win all the times either by hook or crook or by 'ojooro' (cheat) seeing that the lawmakers had pulled a fast one on him he immediately dispatch his Attorney General to the NTA to declare the very process he gave all legitimacy as illegal, not minding the consequences, I think this is most ridiculous and unbecoming of a President. What about the show of shame going on in Plateau. The rape on democracy in Oyo with Obasanjo's handwriting all over it is still very fresh in our memories, I believe it is about time Nigerians put a stop to this madness, by we all saying
IMPEACH OBASANJO NOW! on whatever forum we have, and end every article that we may write with this phrase, until we are heard by all concern.

Posted by tonsoyo| 18.10.2006 15:16

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