There is an uneasy calm in Ado-Ekiti, the Ekiti State capital, as the 19 All Progressives Congress (APC) members of the state House of Assembly woke up from hiding to serve Governor Ayodele Fayose notice of impeachment on the grounds of alleged gross misconduct.
In the impeachment notice titled “Re: Notice of Allegations of Gross Misconduct”, sent to the governor, the lawmakers levied eight impeachable allegations against the governor.
The allegations include: invasion of the House of Assembly with thugs and miscreants and instigating 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.
Others are prevention of the 19 APC lawmakers from performing their legislative duties with the use of security agents and armed thugs and sponsoring an unlawful impeachment process in the House.
Further allegations listed in the notice are: spending Ekiti State funds without the requisite constitutional approval in contravention of the constitution and running the government of Ekiti State without legally constituted Executive Council in contravention of Section 192(2) of the Federal Republic of Nigeria.
Also in the list are operating an illegal 2014 Budget as well as sponsoring and instigating illegal sitting of the House in contravention of Section 96(1) of the Constitution.
Consequently, the lawmakers have given Fayose seven days to respond to the allegations.
The governor, in his response on Saturday described the 19 lawmakers as jesters, condemned their actions, claiming that he read it online like any other person.
According to Fayose, Adewale Omirin has seized being the Speaker of the Ekiti House of Assembly, adding that “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.”
In a statement by his Special Assistant on Public Communications and New Media, Lere Olayinka, Fayose said: “Omirin is already in court, challenging his impeachment and common sense dictates that when you are challenging an action already in court, you have accepted the consequences of such action pending the determination of the suit you filed.”
Continuing, the governor said: “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.”
However, the factional Speaker of the House, Dele Olugbemi, has dismissed the purported notice of impeachment against the governor and his Deputy, Olusola Eleka, describing it as a ploy by the APC to distract the state government.
Olugbemi, has also petitioned the state Commissioner of Police and Director of the Department of State Service (DSS), accusing Omirin of forgery, impersonation and attempt to cause breach of public peace.
He alleged that the House never sat at any time to deliberate, and or pass any motion for the impeachment of Fayose.
In a letter written to the State Chief Judge, Justice Ayodeji Daramola, dated April 4, Olugbemi alleged that Omirin, who signed the purported impeachment notice as Speaker of the State House, was duly impeached at the plenary session of the House on November 20, 2014.
The letter read: “Our attention has been drawn to publications in some online newspapers of a purported notice to impeach the Ekiti State Governor, Mr Ayodele Fayose, by the State House of Assembly.
“The purported notice of impeachment, dated March 9, 2015, was signed by Dr Adewale Omirin, who claimed to be the Speaker of the State House of Assembly.
“We wish to dissociate the Ekiti State House of Assembly from the purported impeachment notice, as the House never sat at any time to deliberate, and or pass any Motion for Impeachment of Mr Ayodele Fayose.
“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 Hansard 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 Hon Adetunji Orisalade stand impeached as Speaker and Deputy Speaker of the House respectively.
“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 letter read.
Meanwhile, Omirin mbly, has said that nothing would stop Fayose’s impeachment due to his alleged gross misconduct.
Omirin, who spoke with Sunday Independent on Saturday, said the group has all it takes to sack the governor.
He explained that the alleged ‘sins’ of Fayose are in the public domain, adding Nigerians are following the trend of absurdities being churned out by the state’s Chief Executive.
Omirin explained that Fayose’s removal would follow due process as against what is allegedly being in operation under the “illegal Assembly led by Olugbemi”.
He said: “We have the required number to carried out the impeachment. The law says two-third of the members should carry out the impeachment and two-third of 26 is 18, and we are 19 in the APC caucus. So, we have more than the required.”
Omirin dismissed the notion that the impeachment notice could only be issued inside the hallowed chambers, saying, “No law says that.”
On the allegation of forgery and impersonation levelled against him, Omirin said, “How can you label somebody who is legally and constitutionally installed as Speaker as an impostor? My election as Speaker followed due process, not like the charade done by the PDP in Ekiti. “
He boasted that nobody can arrest him or members of his caucus, saying that they are in Ekiti contrary to the allegation that they operate from Lagos.
On whether Fayose could ignore the impeachment notice sent to him, Omirin said, “when we get to the bridge, we shall cross it, but don’t let me pre-empt Mr Governor.”
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