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See What 1999 Constitution States On Fayose's Eligibility To Rule Ekiti - Politics - Nairaland

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See What 1999 Constitution States On Fayose's Eligibility To Rule Ekiti by Goldenboy36: 8:11am On Jul 11, 2014
On the 16th March, 2005, the then
Governor of Ekiti State, Peter Ayodele
Fayose and his Deputy, Mrs.
Biodun Olujimi, were overwhelmingly
impeached by the Ekiti State House of Assembly
after they were found guilty of charges of
corruption.
In an ironic twist on the 21st June, 2014, Peter
Ayodele Fayose was elected the Governor of Ekiti
State in an election that he defeated roundly the
incumbent Governor, Dr. John Kayode Fayemi.
The election of Peter Ayodele Fayose really
shocked many Nigerians because Governor Fayemi
was highly rated and was expected to have won the
election against Fayose in view of the fact that
Fayose was dogged by character largely arising out
of his impeachment from office.
The pertinent question is: Is Peter Ayodele Fayose
eligible to be elected Governor in view of the fact
that he was impeached in 2006 by the House of
Assembly?
The constitutional disqualification for anybody who
desires or aspires to be Governor in Nigeria is spelt
out in Section 182 of the Constitution of the Federal
Republic of Nigeria, 1999 (as amended). Accordingly
Section 182 (1) (h) of the Constitution provides that
nobody is qualified to be Governor if he has been
indicted for embezzlement or fraud by a Judicial
Commission of Inquiry or an Administrative Panel of
Inquiry or a Tribunal set up under the Tribunals of
Inquiry Act, a Tribunals of Inquiry Law or any other
law by the Federal and State Government which
indictment has been accepted by the Federal or
State Government, respectively.
Undoubtedly by the provisions of Section 182 (i) (h)
of the Constitution (as highlighted) above, it appears
that Peter Ayodele Fayose is not qualified to be the
Governor of Ekiti State of Nigeria on the ground of
his impeachment from office of Governor of Ekiti
State on the 16th March, 2006, by the Ekiti State
House of Assembly after it found him guilty of
sundry allegations of embezzlement of public funds
and corruption.
It is clear as the crystal that the impeachment of
Peter Ayodele Fayose by the Ekiti State House of
Assembly after finding him guilty of allegations of
embezzlement of public funds and corruption,
constitutes an indictment contemplated by Section
182 (1) (h) of the Constitution.
Undeniably impeachment contemplated by Section
182 (i) (h) of the Constitution is akin to an
indictment
under Criminal Law Procedure. However the
impeaching proceeding does not in itself constitutes
a criminal trial.
By Section 188 (5) of the Constitution the Panel
constituted by the Chief Judge of a State to look into
allegation contained in a Notice of Impeachment
containing allegation against a Governor is
tantamount to the Administrative Panel of Inquiry
envisaged by Section 182 (1) (h) of the Constitution.
If Peter Ayodele Fayose failed to state in his
Nomination Form that he submitted to the
Independent National Electoral Commission after he
was nominated by his Party (Peoples Democratic
Party [PDP]) as a Candidate for the Ekiti State
Gubernatorial Election he would certainly have
contravened Section 31 of the Electoral Act, 2010
(as amended) and this would constitute a ground for
his disqualification if challenged in the Court or
Election Tribunal.
Section 31 (5) of the Electoral Act, 2010 (as
amended) provides that a person who has
reasonable grounds for believing that the fact stated
by a Candidate in an affidavit or a document
submitted to the Independent National Electoral
Commission is false may file a suit in the High
Court or Federal High Court against such a person
seeking a declaration that the information contained
in the affidavit is false.
Under Section 31 (6) of the Electoral Act, the High
Court or Federal High Court is empowered to issue
an order disqualifying a candidate if it determines
that the information contained in an affidavit
deposed to by the candidate submitted to
Independent National Electoral Commission is false.
It is trite that election into the Office of the Governor
of Ekiti State was held on the 21st June, 2014. It
stands to reason that the period of for the filing of
suit envisaged by Section 31 (5) of the Electoral Act
has passed because election has taken place.
Anybody that wants to challenge the qualification of
Peter Ayodele Fayose now will have to file a Petition
within 21 days from the 22nd June, 2014, when he
was declared the winner of the election.
However, since election has taken place already,
the right vested on anybody to file a suit to
challenge the eligibility of a candidate who supplies
false information in an affidavit or document
submitted to the Independent National Electoral
Commission is extinguished.
In Farouk Salim vs. Congress for Progressive
Change (2013) LPELR-SC. 160/162 (a case argued
by this writer), the Supreme Court of Nigeria held
that after an election has taken place the right of an
aspirant to file a case in the High Court or Federal
High Court under Section 87 (10) of the Electoral Act
becomes extinguished. Mary Peter Odili, J.S.C.,
illuminated the position of the law thus:
“In conclusion, it has to be stated that the issue of
disqualification, nomination, substitution and
sponsorship of candidates for an election precede
election and are therefore pre-election matters. The
instant situation where the Appellant as Plaintiff did
not complain to court before election and even then
38 days after the election to talk of a pre-election
matter for the first time is a pill too difficult to
swallow. He by his lack of consciousness took his
matter out of the domain of pre-election can only go
before the Election Tribunal to try his luck since the
status of the matter was post election clearly
outside the ambit of either the Federal High Court,
State High Court or High Court of the FCT. The other
way to say it is that the matter had become spent
or no longer alive to be adjudicated upon by any of
those Courts above mentioned as in this instance...”
As it stands only Governor John Kayode Fayemi
and the All Progressives Congress (the Party that
sponsored Governor Fayemi) can file a Petition
before the Governorship Election Tribunal under
Section 138 (1) (a) of the Electoral Act on the
ground that Peter Ayodele Fayose at the time of his
election was not qualified to contest.
Unfortunately, Governor John Fayemi cannot
question the eligibility of Peter Ayodele Fayose
because he has uncharacteristically of a Nigerian
Politician accepted the result of the result and
congratulated him.
Fortunately the APC that sponsored Governor
Fayemi has the locus standi to file an Election
Petition seeking for an order that Peter Ayodele
Fayose was not qualified to contest the 21st June,
2014, Governorship Election in Ekiti State. It is
imperative that APC files the Petition in order for the
Election Tribunal to make a pronouncement on the
construction and intendment of Section 182 (1) (h)
of the Constitution on whether or not an impeached
former Governor is eligible to contest an election as
Governor or President or member of the National
Assembly. This will surely enrich our electoral and
constitutional jurisprudence.

2 Likes

Re: See What 1999 Constitution States On Fayose's Eligibility To Rule Ekiti by adioolayi(m): 8:14am On Jul 11, 2014
Like seriously undecided ..The Mandate belongs to PDP..they've won as a party..remove fayose na their person go still dey
Re: See What 1999 Constitution States On Fayose's Eligibility To Rule Ekiti by Nobody: 8:31am On Jul 11, 2014
OP let me help you here. The Ekiti state Govt of 2006 did not adopt the committee report. The panel found him guilty which was passed by the house.. The problem is:

Fayose then Gov rejected and disputed the process and outcome. He stood his ground that he was still d governor.

Olajumoke his deputy(who was impeached alongside her boss) declared that she was illegitimately removed and she's the new governor.

The Speaker(forgot his name) said both fayose and his deputy has been impeached hence, he's the "new governor".

Three ppl parading as Governor in a state at the same time. There was brewing anarchy b4 Obasanjo declared State of Emergency and installed Tunji Olurin as Administrator. Hence, the whole process came to a halt without substance till the end of the regime.
Neither Oni nor Fayemi revisited it talkless of Accepting or rejecting it. So now which government adopted the panel's report?

He hasn't been convicted though His case is still in Court

Bottomline: Ayo Fayose was 100% eligible for Ekiti 2014 poll.

2 Likes

Re: See What 1999 Constitution States On Fayose's Eligibility To Rule Ekiti by Nobody: 8:42am On Jul 11, 2014
APC (asiwaju private company) is on naira land :oAPC (asiwaju private company) is on naira land

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