Impeachment: Labour To Shut Down Ekiti For Fayose As Group Writes CJN

• Afe Babalola urges APC lawmakers to rescind decision • Court cautions lawmakers, governor against causing trouble Tobi Soniyi in Abuja and Olakiitan Victor in Ado Ekiti Following attempt to impeach the Ekiti State Governor, Ayodele Fayose, the Organised Labour in the state has declared half day total shutdown in Ado Ekiti today, in solidarity with the state governor. Members of the organised labour, under the auspices of Nigeria Labour Congress (NLC), Trade Union Congress (TUC) and Joint Negotiating Council (JNC), gathered at the popular Fajuyi Park Resort centre yesterday where they declared Friday a work-free day for workers of the state civil service. 

The organised labour also placed embargo on human and vehicular movements within Ado Ekiti metropolis from 6a.m. till noon. Addressing journalists, the unions which spoke through the Chairman of the NLC, Com Ayodeji Aluko, warned the political class against heating up the polity, lamenting that the breach of public peace had also been coming from a few elites and certain political group which sees the state governorship as their sole right. Meanwhile, in a letter signed by Chief Afe Babalola (SAN) and addressed to the Speaker of the state House of Assembly, Hon Adewale Omirin, he begged the lawmakers to sheathe their swords for the state to move forward, as he commended the lawmaker for accepting the Supreme Court judgement that validated Fayose’s election in the June 21 governorship election. 

Also a group called Ekiti Justice Group (EJG), had, while addressing journalists on the same issue, described the action of the former Speaker of the assembly, Dr Adewale Omirin, directing the Chief Judge of the state, Justice Ayodeji Daramola, to constitute a probe panel against Fayose as bizarre, ignoble, irresponsible and downright unlawful. EJG called on the CJN to prevail on Justice Daramola not to allow his respected office and personality to be dragged unduly into any illegality and the murky waters of politics. Aluko, who rued attempt by 19 APC lawmakers to impeach Fayose, lamented the sporadic shootings noticed at the House of Assembly a couple of weeks ago, when members of the PDP had to occupy the Assembly to forestall Fayose from being impeached, saying his members would have been killed, but for providence. “As critical stakeholders, we deem it fit to make a clarion call to all Ekiti indigenes home and abroad to project the need for peace and stability in our state. We want to implore our politicians to embrace the true precepts of democratic practices by imbibing the principles of sportsmanship. Aluko said the consistent restiveness being witnessed in the state could be ascribed to political intolerance on the part of the political gladiators, adding that the scenario is denting the image of the State among the comity of States.

However, EJG said in the letter signed by its National Coordinator, Mr Gbenga Babawibe, and addressed to the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, who is the chairman of NJC that “Omirin is still contesting the legality or otherwise of his impeachment in Suit Nos FHC/ABJ/CS/885/2014 and FHC/L/CS/1823/2014, respectively, and a decision is yet to be delivered on same. “It is elementary that once an action is subjudiced, a party to the suit is not expected to take any action capable of overreaching any decision the Court of Law may make in relation to such a suit.” The letter read further that: “We are aware that following the Inauguration of Fayose as the governor of the state on October 15, 2014, some members of the state House of Assembly abdicated their responsibility as elected assembly men, which led to the impeachment of the former Speaker, Omirin, and some other principal officers of the assembly.”

 Meanwhile, a Federal High Court sitting in Abuja yesterday adjourned to April 29 for the hearing of the suit seeking to stop the All Progressives Congress (APC) members of the Ekiti State House of Assembly from initiating impeachment proceeding again the Governor, Ayodele Fayose and his deputy, Kolapo Olusola. Before adjourning the matter, the trial judge, Justice Ahmed Mohammed, however warned the parties in the suit to steer clear of any action that could cause trouble or chaos in the state. He further stated that any party that discovered that the other was making moves to foment trouble should bring an application before the court.

The plaintiffs, the Speaker of the House of Assembly (described as being occupied by the Peoples Democratic Party (PDP) factional Speaker, Olugbemi Joseph Dele); Ekiti State House of Assembly, Fayose and Olusola through their counsel Ahmed Raji (SAN), had approached the court via a motion ex-parte seeking to halt impeachment moves against the governor At the last adjourned date, the court ordered the defendants in the suit, the APC factional speaker of the House of Assembly, Omirin, and the Chief Judge of the state, Justice Daramola to appear before it and show cause why the plaintiff’s request should not be granted. When the matter came up yesterday, plaintiffs’ counsel informed the court that the defendants had not yet filed any process.

 Responding, the defendants counsel, Terence Venber, told the court that his clients were served last Saturday, which was an election day and that was still within the three days allowed by the rule of court for them to respond.

Giving a short ruling, the court noted that since April 11 was an election day, it would be deemed to be a public holiday and the service of the process would take effect from the next working day, from which the three days provided by the court rule would start counting.

 It was on that note that court adjourned to enable the defendants file and serve their response. Apart from Omirin and Justice Daramola, other defendants in the suit are the Inspector General of Police (IG), Mr. Suleiman Abba, and the Independent National Electoral Commission (INEC). In the ex-parte application, the plaintiffs had urged the court to grant an interim injunction setting aside the impeachment notice already served on the governor and the deputy and also restraining the defendants from taking any further steps in the impeachment moves. 

They also argued that the act by Omirin to issue an impeachment notice and serve same on the governor and the deputy governor as Speaker of the House of Assembly amounted to impersonating the incumbent Speaker. The plaintiffs also urged the court to grant the prayers and make the interim injunctions to subsist pending the determination of their motion on notice for interlocutory injunctions seeking the same set of prayers. Raji urged the court to grant the prayers “in the interest of justice, public order, peace and safety of the people of the state”. However, the judge in his ruling, rather than granting the interim injunctions, ordered the parties to appear in court to convince the court why the plaintiffs’ prayers for interim injunction should not be granted. According to the judge, “The order is hereby made directing the 1st to 4th defendants (Omirin, IGP, INEC and Ekiti CJ), to appear before this court on April 16, 2015 and show cause why the interim order sought by the plaintiffs via an ex parte motion dated April 7, 2015 should not be made by this court.” The court also granted leave to serve Omirin and Justice Daramola, who reside in Ekiti State, outside jurisdiction. It also ordered that Omirin and the Ekiti State Chief Judge be served through advertisement in a national newspaper, while making a separate order that the Chief Judge be served with processes of court through the office of the Chief Registrar of the Ekiti State High Court. 

In the main suit, marked FHC/ABJ/CS/302/2015, the plaintiffs are seeking nine prayers among which is “an order setting aside the purported notice of impeachment and all steps taken by the 1st defendant (Omirin) with other errant members of the 2nd plaintiff (Ekiti State House of Assembly) in relation to the purported issuance and service of the said notice of impeachment for the purpose of commencing and concluding the impeachment proceedings against Peter Ayodele Fayose and Dr. Olusola Kolapo, except and until there is absolute compliance with provisions of section 36(1) and section 188(1), (2), (3) and (4) of the 1999 Constitution (as amended).” They also want an order prohibiting the 1st defendant (Omirin) and other errant members of the 2nd plaintiff (Ekiti State House of Assembly) from further taking any step, or engaging in unlawful activities relating to the impeachment of Peter Ayodele Fayose and Dr. Olusola Kolapo, except and until there is absolute compliance with provisions of section 36(1) and section 188(1), (2), (3) and (4) of the 1999 Constitution (as amended). In addition, the plaintiffs want an order prohibiting the Chief Judge of Ekiti State from taking any step or action in relation to the request of the 1st defendant (Omirin) for the purpose of appointing a panel of seven persons to investigate and purported allegations of gross misconduct against Peter Ayodele Fayose and Dr. Olusola Kolapo, except and until there is absolute compliance with provisions of section 36(1) and section 188(1), (2), (3) and (4) of the 1999 Constitution (as amended).