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The second coming of Governor Peter Ayodele Fayose of Ekiti State as chief executive officer is under threat just six months after his inauguration.
Fayose, whose first tenure was abruptly terminated on October 16, 2006 via impeachment, was yesterday served another impeachment notice by the 19 All Progressives Congress (APC) members of the State House of Assembly for alleged gross misconduct in the exercise of his powers.
His deputy, Dr. Kolapo Olusola, was similarly served an impeachment notice.
Fayose dismissed the legislators as jesters.
He said their threat to remove him would not stand.
The legislators slammed Fayose with eight impeachable offences 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 the 19 APC legislative members from performing legislative duties with the use of security agents and armed thugs;
*Sponsoring an unlawful impeachment process in the 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 2014 Budget;
* Instigating illegal sitting of the House.
Speaker of the House, Adewale Omirin, in the impeachment notice, told the governor that “you are at liberty to respond to the allegations in writing within seven (7) days hereof.”
It was gathered that the notice was sent by courier since physical service on him might be difficult.
Sources said substituted service via newspapers was also being considered to complement service by courier.
But responding to the development through his Special Assistant on Public Communications and New Media, Lere Olayinka, Governor Fayose said: “The script being acted by the APC is a failed one because no one, no matter how highly placed will be allowed to test the will of Ekiti people.”
The governor said the Speaker of the State House of Assembly is Dele Olugbemi and not Dr Adewale Omirin who signed the impeachment notice.
He said: “Omirin is already in court challenging his impeachment, and common sense dictates that when you are challenging an action already taken in court, you have accepted the consequences of such action pending the determination of the suit you filed
“Since last year November, these so-called lawmakers abdicated their duties and ran to Lagos only for them to resurface on Wednesday, but they hurriedly ran away again.
Now they are posting notice of impeachment signed on March 9, 2015 and Ekiti people are asking; was the motion for impeachment moved and adopted in Lagos or Osun State House of Assembly?
“Is impeachment of a governor done along Lagos-Ibadan Expressway inside a moving bus?
“Rather than going about advertising their ignorance and crudity, the APC lawmakers should wait for the court to adjudicate on the case they filed because even the President-Elect, Major General Muhammadu Buhari (rtd) will respect the rule of law when he assumes office.”
The seven Peoples Democratic Party (PDP) legislators in the Assembly have however, dissociated themselves from the impeachment notice.
They said it was intended to distract Fayose and throw the state into chaos.
Their leader, Mr. Dele Olugbemi, in separate letters to the Commissioner of Police, Director of the Department of State Service (DSS) and the State Chief Judge, accused Speaker Omirin of “forgery, impersonation and attempt to cause a breach of public peace.”
He claimed that Omirin was impeached at a plenary session held by seven PDP legislators on November 20, 2014 and that at no time did the assembly sit and pass a resolution to sack Fayose from office over allegation of gross misconduct.
He added:”Resolutions of the House of Assembly cannot be taken outside the precinct of the House and as at today, there is nothing in the records of proceedings of the Ekiti State House of Assembly to show that matter(s) on impeachment of Governor Ayodele Fayose was discussed in the hallowed chamber of the House of Assembly of Ekiti State.
Dr Adewale Omirin, who signed the purported Impeachment Notice as Speaker of the State House of Assembly, was duly impeached at the plenary session of the House on November 20, 2014.
“Votes and proceedings, Order Papers and Hanzard of sittings of the House are available for clarification.
“In the face of the law, and going by records of the Ekiti State House of Assembly, Dr. Adewale Omirin and Adetunji Orisalade stand impeached as Speaker and Deputy Speaker of the House respectively.
“On November 26, 2014, Dr. Adewale Omirin filed Suit No: PHC/L/CS/1823/14 at the Federal High Court Lagos, challenging his impeachment.
“The two cases mentioned above are still pending in court.
“Having approached the court to challenge his impeachment, it is trite in law that the impeachment stands until the court decides otherwise.
“In a situation whereby you have approached the court to adjudicate on a matter, it is subjudice to take any further to overreach the court.
“Your Lordship should therefore disregard any correspondence from the Ekiti State House of Assembly, bearing the name and signature of Dr Adewale Omirin as Speaker of the House, until the court determines Suit No: PHC/L/CS/1823/14 challenging the outcome of the House sitting of November 20, 2014 in which he (Omirin) was duly impeached.”
He described the use of letterhead of the office of the Speaker of Ekiti State House of Assembly by Omirin as forgery, saying: “Knowing that he ceased from being the Speaker of the State House of Assembly since November 20, 2014, Dr Omirin still forged the letterhead of the Office of the Speaker of the Ekiti State House of Assembly, using same to write a letter and signing same as Speaker of the House of Assembly, an office he no longer occupies.
“This action of Dr Omirin is also geared towards causing breach of the peace of Ekiti State.
“I therefore urge you to use your good offices to investigate these criminal acts perpetrated by Dr Omirin with a view to prosecuting him for forgery and impersonation.”
The 26-member Assembly needs at least 18 members to remove the governor if he is found guilty of allegations of misconduct.
Of the 26 current members of the Assembly, 19 are from the APC while the remaining seven led by factional Speaker, Dele Olugbemi are from the Peoples Democratic Party (PDP).
Fayose has been working with the seven since November 20 when the minority PDP legislators claimed to have impeached the Speaker, Dr. Omirin and “elected” Olugbemi to replace him.
Speaker Omirin in a telephone chat with The Nation confirmed the transmission of the impeachment notice to Fayose.
Twenty four of the 26 members of the Second Assembly impeached Fayose and his then deputy, Mrs. Abiodun Olujimi, in 2006.
Fayose was removed for gross misconduct including mismanagement of the N1.4 billion Ekiti Integrated Poultry Project, buying properties with proceeds from the poultry funds and operating foreign accounts and diverting local government funds, among others.
Mrs. Olujimi was axed for alleged receipt of ‘illegal’ gift of $50,000 from the Secretary of Biological Concept Limited, the poultry project contractor/consultant.
She was also impeached for her alleged failure to comply with the decree establishing the National Youth Service Corps (NYSC) scheme which stipulates that holders of certificates equivalent to Bachelor’s degree should observe the compulsory National Youth Service Corps scheme.
Soon after their removal, a power struggle ensued between Mrs. Olujimi, and the then Speaker, the late Chief Friday Aderemi who had then been sworn in as Acting Governor.
The confusion prompted former President Olusegun Obasanjo to declare a state of emergency.
He proceeded to appoint a military administrator Brig.-Gen. Adetunji Olurin (rtd) to head the administration of the state.
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