Another foundation on which the All Progressives
Congress ( APC ) premised its petition against the
victory of Ekiti State Governor, Ayodele Fayose in the
June 21 governorship election may have crumbled as
the Election Petitions Tribunal sitting in Abuja,
yesterday admitted as exhibit the panel report
exonerating the governor of all the allegations of
impeachable offences made against him in 2006 by
the
House of Assembly.
Clerk of the State House of Assembly, Mr Tola Esan
tendered a Certified True Copy of the report of the
panel set up by the then Chief Judge, Justice Kayode
Bamisile, which cleared Fayose of all allegations
made
against him.
The report was admitted as exhibit.
Also tendered and admitted as exhibit was the letter
written to Justice Jide Aladejana by former Chief of
Nigeria, Justice Alfa Belgore, instructing him not to
assume office as Acting Chief Judge of Ekiti State,
upon
the controversial suspension of Justice Bamisile by
the
House of Assembly.
A Permanent Secretary, Mr Gbenga Faseluka
tendered
the letter.
It should be recalled that after the panel set up by
Justice Bamisile had cleared Fayose of all allegations
made against him, the House of Assembly hurriedly
suspended Justice Bamisile and appointed Justice
Aladejana as the Acting Chief Judge.
The Chief Judge of Nigeria then, Justice Alfa Belgore
had voided the appointment of Justice Aladejana by
Ekiti State House of Assembly as "Acting Chief
Judge:.
Belgore, in a letter addressed to Justice Aladejana
dated October 13, 2006 declared that the procedure
and circumstances under which he was appointed by
the assembly were contrary to the provision of
Section
271 of the 1999 Constitution.
"Any action taken by Aladejana in his capacity as
'Acting Chief Judge' would be unconstitutional," the
Chief Justice warned then.
The letter with reference No. CJN/COR/SG/A.79/
III/144
was titled: Re: "Petition against the conduct of Hon.
Justice Jide Aladejana of Ekiti State High Court on
illegal
composition of purported impeachment panel in Ekiti
State".
The letter, which was copied Ekiti Governor Fayose,
read: "It has been brought to my notice that you
(Aladejana) have been appointed by the House of
Assembly of Ekiti State as the Acting Chief Judge,
following the suspension of the State Chief Judge,
Hon.
Justice Kayode Bamisile, for exercising his
constitutional power. Your faxed letter and other
documents of 12th October, 2006 to me were also in
the same vein.
"As you are aware, the procedure for appointment of
an Acting Chief Judge for the state is clearly spelt out
in
Section 271 of the 1999 Constitution (of) the Federal
Republic of Nigeria.
"I am to stress that the perceived imminent
constitutional crises in the state mentioned in your
letter notwithstanding, the procedure and
circumstances under which you have been appointed
are contrary to the aforesaid provision of the 1999
Constitution on appointment of an Acting Chief Judge.
"Hence, any action by you in your capacity as the
Acting
Chief Judge will be unconstitutional".
The Peoples Democratic Party (PDP), which opened
its
defence yesterday, closed its defence while
Governor
Fayose is expected to open his own defence today.

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