MID-WEEK ESSAY: The
State of Emergency in Ekiti State - and the Nebuchadnezzar
Non-Option
By
Mobolaji E. Aluko,
PhD
Burtonsville , MD,
USA
October 25, 2006
Twenty-Four Days to A State of
Emergency
On Tuesday, 26th September, 2006, the
26-man Ekiti State House of Assembly (ESHOA) passed a
motion to serve a notice of impeachment on the Ekiti State
governor Mr. Peter Ayodele Fayose (of Afao-Ekiti) and his deputy
Mrs. Abiodun Christine Olujimi, (nee Ariyo of Omuo-Ekiti), alleging
gross misconduct against them - in all, five charges against Fayose
and two charges against Olujimi. 24 out of 26 of the
ESHOA were in support of the motion. The House delivered the
notice by express mail to the accused duo on Friday, September 29
(giving them 14 days to respond), although the governor indicated that
he did not receive his own copy until Tuesday, October 3.
On that same day, Governor Fayose
filed on an ex-parte motion in an Ado-Ekiti court to stop the
impeachment process, a hearing which had a drama of its own as various
Ekiti State judges (Wale Kowe, Segun Akintayo in that order) declined
to take it. However, on Wednesday, October 4,
when Justice Femi Akeju finally agreed to take the case, he promptly
dismissed Fayose's objection as being "alien in
law."
Figuring that it had received all the
"answer" that it would ever get from the accused duo, the
ESHOA went ahead on Thursday, October 5 to instruct the Chief Justice
to announce a seven-man panel to conduct the formal impeachment
investigation of the Governor and his Deputy.
Constitutionally, the CJ had seven days to do so.
On Monday, October 9, Governor Fayose wrote to
Chief Judge Bamisile, completely denying all the charges against him
in the impeachment notice.
On Tuesday, October 10, 2006, the CJ
announced his seven-person panel - and more - announcing a
group headed by Remi Bamigboye (Chairman) and comprising Alli
Apanisile, Sesan Adesuyi, Segun Da-Silva, Olu Alade, Solomon Ajisafe
and Mrs. Olufunmilayo Olukogbon. By allegedly packing the panel
with family relations and cronies of Fayose, Bamisile initiated a
seeming vertical cocktail of illegalities, the consequences of which
he himself could not contemplate. He swept aside the
objections of the Speaker and his ESHOA, and dismissed them all as
"jokers." The Bamisile panel went ahead to be inaugurated by
the CJ - even after the Speaker forced his way in to the arena to
object to its composition.
For refusing to re-constitute the rigged panel,
as well as to appear before the Assembly on Wednesday, October 11, the
ESHOA promptly suspended CJ Bamisile on that Wednesday - taking care
not to "remove" him and hence not violating Section of the
Constitution. Its actions were backed by section 228 and
229 of the constitution. It moved to fill the vacuum by appointing an
Acting CJ Jide Aladejana, again not violating of constitution which
stated that the most senior judge should step in as Acting CJ [The
other senior judge Fasanmi had declined; after all accepting any
position is not "by force."]
On Thursday, October 12, the Bamisile panel still
went ahead to meet on the impeachment matter - for a total of about
thirty minutes. It promptly discharged the Governor and
his Deputy from all charges without taking a single oral evidence for
and against the accused persons. Also on this day, Justice
Bamisile filed a case before a High Court in Ado-Ekiti, challenging
his dismissal by the House of Assembly. The case was adjourned
to be heard on Thursday, October 19.
Aladejana went ahead to announce, on the Friday
October 13, a new panel with people unquestionable integrity and
impeccable credentials, headed by Mr. Emanuel
Bamidele Omotosho as Chairman, and comprising Deacon Olajubu Solomon
Obaleye, Mr. Ismail Olowolafe Daisi, Mr. Kayode Filani, Dr. [Mrs.]
Funmi Adeniyi, Rev. F. F. Ijasan and Major J.O. Odunsina (Rtd.).
Later on that same day, a letter from the Chief Justice Belgore in
response to Aladejana's own October 12 letter to Belgore of
notification of his new elevated status was made available to the
Press - but apparently not directly to Aladejana - warned
that Aladejana's appointment as Acting CJ was in violation of
Section 271 of the 1999 Constitution of the Federal Republic of
Nigeria. However it was silent about the constitutionality
of the dismissal of the Chief Judge Bamisile
himself.
On Friday October 13 and Saturday October 14, the
Aladejana panel took evidence from Morakinyo Ogele, the maverick
lawyer whose zillion petitions stirred the EFCC; from Goke Olatunji,
Fayose's Personal Assistant; from the EFCC itself represented by one
Mr. Madaki; and from a lawyer representing DG Olujimi.
There was no representation from Ayo Fayose.
At Ado-Ekiti on Monday, October 16, at exactly
9:17 am, after receiving the Aladejana panel report and calling for a
vote, the Speaker of the EHOA's gavel fell in the House, formalizing
the impeachment of Fayose and Olujimi.
Fayose and Olujimi became ex-Governor (having served
May 29, 2005 to October 16, 2006) and ex-Deputy Governor (
December 7, 2005 to October 16, 2006) respectively. The House
also formalized the acting judgeship of Aladejana, who immediately
proceeded to swear in the Speaker as Acting Governor.
Later on that same day (October 16), now
finding his voice, the Attorney General of the Federation, Bayo Ojo,
weighed in with an opinion that that State House of
Assembly had no power to suspend the Chief Judge of a state or appoint
a Chief Judge, nor (echoing the Chief Justice) to appoint an acting
CJ. He warned that "Federal Government will not fold
its arms and allow the breakdown of law and order in any part of the
country" and that it would "take appropriate steps to
fulfil its responsibility of maintaining law and order in Ekiti State
and indeed in all parts of the Federation." The new
president of the NBA, Olisa Agbakoba, also stridently weighed in on
the side of the AG.
Also on October 16, the deposed deputy governor
Olujimi filed a suit at an Ado-Ekiti High Court challenging her
removal from office. On that same day, ex-governor Fayose disappeared
from the scene, some kind of fugitive on the run up until this day,
leaving his Deputy Olujimi to fight the battle on, still claiming to
be Deputy Governor while acting as Governor on behalf on her
"departed" Governor, and even holding a cabinet meeting at
the Old Governor's office.
On Tuesday, October 17, Fayose also spoke to a
Lagos TV channel from his hide-out, claiming his
gubernatorial "throne" back.
All of the above actions next ended up in a state
of emergency being declared by President Olusegun Obasanjo on
Thursday, October 19. President Obasanjo announced
the imposition of a former ex-military person, Tunji Olurin, as
"Sole Administrator" on Ekiti State.
And that is where we are now.
An Awful Prelude: And Why Not
The Courts?
This State of Emergency step is the crowning one
of the vertical cocktail of illegalities, and has been condemned by
many segments of Nigerian society, including many Ekiti indigenes at
home and abroad. The irony - and dilemma - is that
the SOE is opposed for various reasons, even contradictory:
1. the pro-Fayose group believes that it precludes the (early)
return of Fayose to his governorship, and so should be
quashed.
2. the anti-Fayose group, happy that Fayose was impeached by
hook or by crook by the Legislature, believes that the
courts should have been left alone to resolve the impasse, while
Speaker Aderemi remains as Acting Governor. [It must be
added here that an anti-Fayose group is happy with the SOE, since
it assures at the very mimimum six months of Fayose-less
administration.]
3. the anti-Third-Termers, as well as strict
constitutionalists, who see a dangerous trend in using dubious
constitutional provisions and hasty procedure to remove governors and
precipitate crisis throughout the country, with a possible end point
being the need for a state of emergency in the entire country - and
hence a sneaky extension of the term of this administration by the
back door.
The fact of the matter is that I also join in
expressing serious objection to President Obasanjo's
double-standard in declaring a State of Emergency over my native Ekiti
State . The calm situation on the ground did not give sufficient
justification for that hasty action, and one is fully aware of other
States in Nigeria with worse socio-political situations which did
not receive similar treatment.
Moreover, nothing in our 1999 Nigerian
Constitution - confusing and confusionistic as it is - translates a
declaration of a state of emergency into the destruction of the
democratic structures of the State Executive and the House of
Assembly, and the appointment of a "Sole Administrator",
an-ex military person for that matter. These
particular steps are completely alien to the Constitution. The
President therefore assumed powers not given to him - the same
accusation that has been made against the Ekiti Legislators in
suspending Bamisile and appointing a new CJ. One
wonders what would happen to the Presidency and the National Assembly
if a State of Emergency were to be declared in the entire nation as
allowed by the same Constitution. Would it mean suspension
of the national democratic structures (National Assembly) and the
appointment of an ex-military Sole Administrator from neighboring
Togo? Is the situation of Ekiti State therefore a prelude to
such an unfortunate and untenable circumstance?
We would have expected the courts to be allowed
to settle the constitutional questions between the now displaced
persons at status quo ante of the declaration of
state of emergency: that is, between the acting Governor Kayode
Aderemi; the ex-Governor Ayo Fayose and his ex-deputy,
Olujimi, as well as the status of the ex-CJ Bamisile vis-a-vis
the present CJ Aladejana.
That is what the courts are for.
The Nebuchadnezzar
Non-Option
In the coming days, the State of Emergency will
be fully discussed in the National Assembly, whether to give it
ratification or to reverse it. The questions the legislators
would have to answer in their deliberations include: what status
quo (ante) would Ekiti State return to in order to know whether
Aderemi, Olujimi or Fayose is to be governor or acting Governor, and
whether Fayose's and/or Olujimi's return would not spark a riot in
Ekitiland?
Well, in the Old Testament Daniel 4:1-37, the
story is told of Nebuchadenezzar, a Babylonian king who ruled
from 605 B.C . to 562 B.C. Nebuchadnezzar was strong,
powerful, and hard king, and offended God gravely - he
destroyed Judah and burned Jerusalem, destroying the temple of God and
taking all of the gold goblets and incense burners back to Babylon.
After being been warned by the captive Jew Daniel following
Nebuchadnezzar's own foreboding dreams, the king was turned into a
bush animal and went through seven years of eating grass and living in
the wild with other animals before he learned to give God the
glory. After this period of being humbled, he returned to
rule his kingdom for another period.
We are not told of the reaction of his subjects
to such a reversal of misfortune.
It would appear that former Governor Ayo Fayose
would want to be the Nebuchadnezzar of Ekiti State in this
impeachment/emergency saga, to return after a period on the run from
the law. He should perish the thought - not after
Omojola, not after Daramola, not after the pregnant woman/Bamiteko.
Unlike Nebuchadnezzar, Fayose should wait for just seven times
seven years.
That is what Ekitiland demands. That is
what would be conducive to peace, justice and public order in
Ekitiland - that Fayose not return to Ekiti State as governor even for
one more day.
_________________________________________________________________________________________________________________________________________________
APPENDIX
Impeachment of Governor and Deputy Governor
Section 188-189
188. (1) The Governor or Deputy Governor of a state may
Removal of Governor be removed from office in accordance with the
provisions or Deputy Governor of this section. from office.
(2) Whenever a notice of any allegation in writing signed by not
less than one-third of the members of the House of Assembly.
(b) 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 of Assembly shall, within seven days of
the receipt of the notice, cause a copy of the notice to be served on
the holder of the office and on each member of the House of Assembly,
and shall also cause any statement made in reply to the allegation by
the holder of the office, to be served on each member of the House of
Assembly.
(3) Within fourteen days of the presentation of the notice to the
speaker of the House of Assembly (whether or not any statement was
made by the holder of the office in reply to the allegation contained
in the notice-, the House of Assembly shall resolve by motion, without
any debate whether or not the allegation shall be investigated.
(4) A motion of the House of Assembly 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-thirds majority of all the
members of the House of Assembly.
(5) Within seven days of the passing of a motion under the
foregoing provisions of this section, the Chief judge of the State
shall at the request of the speaker of the House of Assembly, 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.
(6) The holder of an office whose conduct is being investigated
under this section shall have the right to defend himself in person or
be represented before the panel by a legal practitioner of his own
choice.
(7) A Panel appointed under this section shall -
(a) have such powers and exercise its functions in accordance
with such procedure as may be prescribed by the House of Assembly;
and
(b) within three months of its appointment, report its findings
to the House of Assembly.
(8) Where the Panel reports to the House of Assembly that the
allegation has not been proved, no further proceedings shall be taken
in respect of the matter.
(9) Where the report of the Panel is that the allegation against
the holder of the office has been proved, then within fourteen days of
the receipt of the report, the house of Assembly shall consider the
report, and if by a resolution of the House of Assembly supported by
not less than two-thirds majority of all its members, the report of
the Panel is adopted, then the holder of the office shall stand
removed form office as from the date of the adoption of the
report.
(10) No proceedings or determination of the Panel or of the House
of Assembly or any matter relating to such proceedings or
determination shall be entertained or questioned in any court.
(11) In this section -
"gross misconduct" means a grave violation or breach of
the provisions of this Constitution or a misconduct of such nature as
amounts in the opinion in the House of Assembly to gross
misconduct.
189. (1) The Governor or Deputy Governor of a State shall
cease to hold office if
(a) by a resolution passed by two-thirds majority of all members
of the executive council of the State, it is declared that the
Governor or Deputy Governor is incapable of discharging the functions
of his office; and
(b) the declaration in paragraph (a) of this subsection is
verified, after such medical examination as may be necessary, by a
medical panel established under subsection (4) of this section in its
report to the speaker of the House of Assembly.
(2) Where the medical panel certifies in its report that in its
opinion the Governor or Deputy Governor is suffering from such
infirmity of body or mind as renders him permanently incapable of
discharging the functions of his office, a notice thereof signed by
the Speaker of the House of Assembly shall be published in the
Official Gazette of the Government of the State.
(3) The Governor or Deputy Governor shall cease to hold office as
from the date of publication of the notice of the medical report
pursuant to subsection (2) of this section.
(4) The medical panel to which this section relates shall be
appointed by the Speaker of the House of Assembly of the State, and
shall comprise five medical practitioners in Nigeria -
(a) one of whom shall be the personal physician of the holder of
the office concerned; and
(b) four other medical practitioners who have, in the opinion of
the Speaker of the House of Assembly, attained a high degree of
eminence in the field of medicine relative to the nature of the
examination to be conducted in accordance with the foregoing
provisions of this section.
(5) In this section, the reference to "executive council of
the State" is a reference to the body of Commissioners of the
Government of the State, howsoever called, established by the Governor
and charged with such responsibilities for the functions of Government
as the Governor may direct.
Vacancy in Deputy Governor's Office
Section 191
191. (1) The Deputy Governor of a State shall hold the
office of Governor of the State if the office of Governor becomes
vacant by reason of death, resignation, impeachment, permanent
incapacity or removal of the governor from office for any other reason
in accordance with section 188 or 189 of this constitution.
(2) Where any vacancy occurs in the circumstances mentioned in
subsection (1) of this section during a period when the office of
Deputy Governor of the State is also vacant, the Speaker of the House
of Assembly of the State shall hold the office of Governor of the
State for a period of not more than three months, during which there
shall be an election of a new Governor of the State who shall hold
office for the unexpired term of office of the last holder of the
office.
(3) Where the office of the Deputy Governor becomes vacant -
(a) by reason of death, resignation, impeachment, permanent
incapacity or removal in accordance with section 188 or 189 of this
Constitution;
(b) by his assumption of the office of Governor of a State in
accordance with subsection (1) of this section; or
(c) for any other reason, the Governor shall nominate and with
the approval of the House of Assembly of the State, appoint a new
Deputy Governor.
Appointment of Chief Judge
Section 271 of the 1999 Constitution
271. (1) The appointment of a person to the office of
Chief Judge of a State shall be made by the Governor of the State on
the recommendation of the National Judicial Council subject to
confirmation of the appointment by the House of Assembly of the
State.
(2) The appointment of a person to the office of a Judge of a
High Court of a State shall be made by the Governor of the State
acting on the recommendation of the National Judicial Council.
(3) A person shall not be qualified to hold office of a Judge of
a High Court of a State unless he is qualified to practice as a legal
practitioner in Nigeria and has been so qualified for a period of not
less than ten years.
(4) If the office of Chief Judge of a State is vacant or if the
person holding the office is for any person unable to perform the
functions of the office, then until a person has been appointed to and
has assumed the functions of that office, or until the person holding
the office has resumed those functions, the Governor of the State
shall appoint the most senior Judge of the High Court to perform those
functions.
(5) Except on the recommendation of the National Judicial Council
an appointment pursuant to subsection (4) of this section shall cease
to have effect after expiration of three months from the date of such
appointment and the Governor shall not re-appoint a person whose
appointment has lapsed.
T he procedure for the declaration of a state of emergency
Section (305) of the 1999 Constitution
305. (1) Subject to the provisions of this Constitution,
the President may by instrument published in the Official -Gazette} of
the Government of the Federation issue a Proclamation of a state of
emergency in the Federation or any part thereof.
(2) The President shall immediately after the publication,
transmit copies of the Official -Gazette of the Government of the
Federation containing the proclamation including the details of the
emergency to the President of the Senate and the Speaker of the House
of Representatives, each of whom shall forthwith convene or arrange
for a meeting of the House of which he is President or Speaker, as the
case may be, to consider the situation and decide whether or not to
pass a resolution approving the Proclamation.
(3) The President shall have power to issue a Proclamation of a
state of emergency only when -
(a) the Federation is at war;
(b) the Federation is in imminent danger of invasion or
involvement in a state of war;
(c) there is actual breakdown of public order and public safety
in the Federation or any part thereof to such extent as to require
extraordinary measures to restore peace and security;
(d) there is a clear and present danger of an actual breakdown of
public order and public safety in the Federation or any part thereof
requiring extraordinary measures to avert such danger;
(e) there is an occurrence or imminent danger, or the occurrence
of any disaster or natural calamity, affecting the community or a
section of the community in the Federation;
(f) there is any other public danger which clearly constitutes a
threat to the existence of the Federation; or
(g) the President receives a request to do so in accordance with
the provisions of subsection (4) of this section.
(4) The Governor of a State may, with the sanction of a
resolution supported by two-thirds majority of the House of Assembly,
request the President to issue a Proclamation of a state of emergency
in the State when there is in existence within the State any of the
situations specified in subsection (3) (c), (d) and (e) of this
section and such situation does not extend beyond the boundaries of
the State.
(5) The President shall not issue a Proclamation of a state of
emergency in any case to which the provisions of subsection (4) of
this section apply unless the Governor of the State fails within a
reasonable time to make a request to the President to issue such
Proclamation.
(6) A Proclamation issued by the President under this section
shall cease to have effect -
(a) if it is revoked by the President by instrument published in
the Official Gazette of the Government of the Federation;
(b) if it affects the Federation or any part thereof and within
two days when the National Assembly is in session, or within ten days
when the National Assembly is not in session, after its publication,
there is no resolution supported by two-thirds majority of all the
members of each House of the National Assembly approving the
Proclamation;
(c) after a period of six months has elapsed since it has been in
force:
Provided that the National Assembly may, before the expiration of
the period of six months aforesaid, extend the period for the
Proclamation of the state of emergency to remain in force from time to
time for a further period of six months by resolution passed in like
manner; or
(d) at any time after the approval referred to in paragraph (b)
or the extension referred to in paragraph (c) of this subsection, when
each House of the National Assembly revokes the Proclamation by a
simple majority of all the members of each House.
The Immunity Clause
Section 308
308. (1) Notwithstanding anything to the contrary in this
Constitution, but subject to subsection (2) of this section -
(a) no civil or criminal proceedings shall be instituted or
continued against a person to whom this section applies during his
period of office;
(b) a person to whom this section applies shall not be arrested
or imprisoned during that period either in pursuance of the process of
any court or otherwise; and
(c) no process of any court requiring or compelling the
appearance of a person to whom this section applies, shall be applied
for or issued:
Provided that in ascertaining whether any period of limitation
has expired for the purposes of any proceedings against a person to
whom this section applies, no account shall be taken of his period of
office.
(2) The provisions of subsection (1) of this section shall not
apply to civil proceedings against a person to whom this section
applies in his official capacity or to civil or criminal proceedings
in which such a person is only a nominal party.
(3) This section applies to a person holding the office of
President or Vice-President, Governor or Deputy Governor; and the
reference in this section to "period of office" is a
reference to the period during which the person holding such office is
required to perform the functions of the office.
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Communique: On the State of the Nation - Issued
by the Governors Forum
25/10/2006
After deep reflection on the prevailing political situation in the
country, we the elected Governors of the thirty-six States of the
Federation do resolve as follows:
1. That we condemn
in very strong unequivocal terms the sustained onslaught on the rule
of law and constitutional process as evidenced by recent and on-going
political developments in especially in Ekiti, Anambra and Plateau
States.
2. That these acts
constitute a systemic undermining of the institutions and structures
of democratic governance, which the people of this nation adopted and
embraced with great hope in 1999.
3. That the resort
to flagrantly unconstitutional means to achieve selfish, anti-people
interests directly threatens the peace, stability, and continued
corporate existence of our dear nation.
4. That a situation
where the impeachment process has been transformed into a frivolous
instrument of blackmail and intimidation is against the spirit of
democracy and is therefore totally unacceptable.
5. That as elected
Governors of the thirty-six States of the Federation, we consider it
our abiding duty to the people of Nigeria to work resolutely to ensure
that sanity returns to our political process.
6. That as a group of patriotic, responsible
Nigerians, we subscribe fully to the fight against corruption in all
its ramifications.
7. By the same token, we are strongly opposed to
the extra-legal tactics of the Economic and Financial crimes
Commission (EFCC) in pursuit of its legitimate mandates.
8. We call on all parties to exercise restraint,
and for all persons in positions of authority - executive,
legislative, and judicial - to adhere strictly to the letter and
spirit of the law and our national Constitution especially as we
approach an epochal transition in our political development
process.
9. Security Agencies should not be made to
function in such a manner as to create the impression that they are
willing tools of narrow, selfish and unpatriotic interests.
10. We thank the Senior Special Assistant to the
President on the Millennium Development Goals (MDGs) on her very
detailed brief to the Forum.
11. However, the Forum is very concerned about
the situation where Governors are completely unaware of many projects
listed as executed or on-going by the office of the SSA, MDGs in their
States. We therefore call for a mechanism that will enable individual
Governors make an input into the process to ensure greater efficiency
and effectiveness, and avoid undue duplication of efforts and
resources.
12. We remember the late First Lady of our nation
who passed on one year back, and all those who lost their lives in the
ill-fated Bellview, Sosoliso, and the Air Force crashes within the
past twelve months. We commiserate with Mr. President and all the
families. We also seize this opportunity to call for more focused
effort at making air travel in our nation safer and improved emergency
management.
13. We reiterate our unalloyed commitment to
engendering one united, strong, progressive and prosperous
Nigeria.
Lucky Nosakhare Igbinedion
Governor, Edo State
Chairman, Nigeria Governors' Forum
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______________________________
FAYOSE Writes to National Assembly
Dated October 22, 2006
________________________________
"Protest Against
Declaration of a State of Emergency in Ekiti
State"
On the 19th October, 2006, the President of the
Federal Republic of Nigeria, Chief Obasanjo in a Nationwide
Radio/Television broadcast in exercising his power under Section 305
of the Constitution of the Federal Republic of Nigeria, 1999
proclaimed a state of emergency in Ekiti State, thereby putting my
office as Governor of State in suspension for the next six months. A
retired Brigadier in person of Brig. General Tunji Olurin was then
appointed as Administrator of the State.
However, under Section 305 (2) 6 (b) of the
Constitution, the proclamation is subject to the approval by two-third
majority of all the members of each House of the National
Assembly.
It is in this regard that I write this letter of
protest against the declaration for appropriate
consideration.
Prelude to the declaration
1. The Economic and Financial Crimes Commission
(EFCC) invited members of Ekiti State House of Assembly who had all
along been in good working relationship with the Governor and
Government of Ekiti State to their office in Lagos in answer to
charges of allegation of corruption against them.
2. While in the EFCC's detention camp in Lagos,
an impeachment notice signed by 24 members of the House of Assembly
was served on me through courier service. The said notice of
allegation of impeachable offences is herewith attached as annexure
'A'.
3. On the morning of 19th October, 2006 the
President in Nationwide Broadcast declared a state of emergency in the
state.
Note the followings:
1. That the Federal Government who ought to
have checked the illegality being orchestrated by the members of the
State House of Assembly provided security cover for them. On the day
of the illegal impeachment, the whole state was militarised with EFCC,
Police, Mobile Police, SSS and even soldiers as if the whole state was
in a war situation. The Guardian Newspaper of 15th October, 2006 is
herewith attached as annexure 'E'
2. The Federal Attorney General, Chief Bayo Ojo,
SAN, did not act promptly but waited until the governor was
purportedly impeached.
3. The people of Ekiti State did not react
violently to all these illegalities but decided to allow the law to
take its normal cause.
When can a state of emergency be
declared?
Section 305 (3) and (4) of the Constitution of
the Federal Republic of Nigeria states very clearly and unambiguously
circumstances that could warrant a declaration of state of emergency
in any state of federation.
These circumstances definitely exclude "SELF
IMPOSED" ones as it is the case of Ekiti State for these
reasons:
*There is no breakdown of law and
order.
*There is no possibility of imminent war or
anarchy.
*What is merely required is for the Federal
Government to restore legality in the State and direct its security
apparatus accordingly.
My prayers:
*A declaration that the state of emergency is
unwarranted as there are no constitutional reasons to justify
it.
*Refuse to give approval to the declaration of
the state of emergency in Ekiti State
*Direct security agencies to perform their constitutional duties to
the democratically elected Government in the state.
I verily hope that God will give you the courage
to perform this historic duty to the people of Nigeria so that a bad
precedent of an abuse of state of emergency is not created for the
future.
--