24 Sign Removal Notice

Governor's Aide Claims Duress
By Mustapha Ogunsakin and Ifedayo Sayo, Ado Ekiti
Twenty-four members of the Ekiti State House of Assembly including the Speaker Mr. Friday Aderemi, yesterday served the governor of the state, Mr. Ayo Fayose, and his deputy Mrs. Abiodun Olujimi notice of impeachment.

The notice is coming two weeks after the Economic and Financial Crimes Commission (EFCC), sent the report of their investigation to the Speaker of the House.

For over a year, EFCC had investigated how government funds were stolen in the state, especially N1.5 billion of the state poultry integrated project. The commission discovered that of the amount, N800 million went into private pocket allegedly orchestrated by the governor.

According to the EFCC, the state could not also account for N11 billion paid from the federation accounts into the joint state /local government accounts out of a total of N16 billion. The money represented the statutory payment for local councils from the federation account.

There are other areas like the contract on the Governor's Office and several road projects, which the EFCC found to be overpriced.

However, by a letter dated September 26, 2006 served on the governor yesterday, the lawmakers asked that the governor and his deputy reply to the allegations preferred against him.

"Please find attached the notice of impeachment issued and duly signed by members of the Ekiti State House of Assembly in line with section 188 (2) (A) and (b) of the Constitution of the Federal Republic of Nigeria. Please cause a reply to be made to the notice as required by the constitution. The letter was signed by the Speaker, Hon. Aderemi.

Section 188 of the Constitution is the section that deals with the removal of the governor or his deputy. Section188(1) states: "The Governor or deputy governor of a state may be removed from office in accordance with the provision of this section. Section 1882(2) states. "Whenever a notice of any allegation in writing signed by not less than one-third of the members of the House of Assembly:-


is presented to the speaker of the House of Assembly of the state;

stating that the holder of such office is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified, the speaker of the House shall, within seven days of the receipt of the notice cause a copy to be served on the holders of the office and on each member of the House, and shall also cause any statement made in reply to the allegation by the holder of the office, to be served on each member of the House.
Section 188(3) states: "Within 14 days of the presentation of the notice to the Speaker of the House of Assembly (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice), the House of Assembly shall resolve by motion without any debate whether or not the allegation shall be investigated.

Section 188(4): "A motion of the house that the allegation be investigated shall not be declared as having been passed unless it is supported by the votes of not less than two-third majority of all members of the House.

Section 188(5) states: "Within Seven days of passing of the motion under the foregoing provisions of this action, the Chief Judge of the state shall at the request of the speaker, appoint a panel of seven persons who in his opinion are of unquestionable integrity not being members of any public services, legislative house, or political party, to investigate the allegation as provided in this section.

The constitution further provides the holders of an office the right to defend himself against allegations preferred against him, either in person, or through a lawyer. It further provides that if the seven-member investigating team reports to the House that the allegations have not been proved, it will be the end of the impeachment proceedings.

However, when the allegations are proved, the House is expected to consider the report within 14 days of its receipt, and if by a two-thirds majority vote the members of the house approve the verdict of the investing committee, the holder of the office stand removed from office.

In this instance, 24 members of the House have signed the impeachment notice. They are Olusola Omolayo (Ikole II), Amogenniye Fadare (Gbonyin) Akinola Gabriel (Ilejemeje), Fakiyesi Kolawole (Ifelodun), Falaye Joshua Gbenga (Ekiti East) Adewole Bode Albert (Ikere II), Ayo Adekoya Benson (Ekiti South West II), and Ademiluyi Adetope (Ekiti West).

Other are Longe Sule (Ekiti Central II), Edu Mayokan (Ado Ekiti II), Eyeowa Gabriel Sunday (Ijero), Olalekan Obasona (Moba 1) Oluwafemi Christianah Ola (Efon) Oluyemi Olusegun (Moba II), Owoeye Olusegun Emmanuel (Oye 1) and Ajigbolamu Patrick Sola (Ikola I)

Still others are Ibuoye Gbadebo (Ekiti West 11), Abegunde Emmanuel Muyiwa (Emure), Segun Ola (Ado1), Falade Isaac (Ise Orun) Babade Olukayode (Ikere 1), Olugbade Olubunmi (Ekiti South West ) and Ajaja Omoniyi (Ido 1) only two members - Taiwo Olatunbosun (Ifelodun/Irepodun) and Tunji Akinyele (Oye II) did not sign the notice

The offences which the governor has to defend include


Illegal Operation of Foreign Account contrary to Paragraph 3 of the Code of Conduct for Public Officers to wit:
Operation of foreign account with the Bank of America, United States of America, with VISA CREDIT No. 45397806 and 28083056 valid until August, 2007, contrary to the provisions of Paragraph 3 of the Code of Conduct for Public Officers.


Illegal Operation of Foreign Accounts contrary to paragraph 3 of the Code of Conduct for Public Officers to wit:
Operation of foreign accounts No: 50633925, 60642924 and 80809594 kept with Barclays Bank Plc. 38, Hans Crescent Knightsbridge, London, SW 1 XOLZ contrary to paragraph 3 of the Code of Conduct for public officers.


Illegal Diversion of Local Council funds contrary to Section 162 of the Constitution of the Federal Republic of Nigeria, 1999

Diversion from the Ekiti Joint Local Council Account the sum of N11.7 Billion out of the N17.8 billion received from the Federation Account from January 2004 to June 2006.

Receipt of illegal gift contrary to paragraph 6 of the code of conduct to wit:

Receipt of the sum of #37,000 (Thirty Seven Thousand Pound Sterling only) from the Biologist Concept Ltd. knowing it to be the proceeds of the Poultry embarked upon by the State Government.

Receipt of the illegal gifts contrary to paragraph 6 of the Code of Conduct to wit:

Receipt of a house lying and being at 10, Kobiowu Crescent, Iyaganku, GRA, Ibadan, Oyo State valued at over N40 million built from the proceeds of the Poultry Projects.

Receipt of illegal gifts of two houses contrary to paragraph 6 of the code of conduct to wit:
i. Property lying and being at 23, Ring Road Restaurant Street Behind Total Petrol Station, Iyaganku, GRA, Ibadan Oyo State valued at about N20million built from the proceeds of contracts of Ekiti State Governor's Office awarded to Grid Associates headed by Abiodun Fari-Arole.

ii. Property lying and being at Are Road, Afao-Ekiti, Ekiti State valued at about N25m built from the proceeds of the contracts for Fountain Hotel awarded to Grid Association headed by Abiodun Fari-Arole.

iii. The sum of N42 million collected from Mr. Abiodun Fari Arole of Grid Associates through Mr. Ayobola Abiola, then of the Standard Trust Bank Plc, now with FCMB Plc, Dugbe Branch being proceeds of the contract for Fountain Hotel and Governor's Office.

iv. Illegal transfer of the sum of $100,000 to the United States of America contrary to the Money Laundering Act 2004.

v. Transfer of the sum of $100,000 to the United States of America on 20th August, 2004 through Account No. 45703770 of Citibank, 244, Mani Street, White Palms NY 10601 belonging to Mr. Toney Orubuloye contrary to the Money Laundering Act 2004.

The deputy governor, Mrs. Olujimi is also to defend the receipt of an allegedly illegal gift of USD 50,000 from the secretary to the Managing Director of Biological Concept, Mr. Gbenga James.

She is also to defend her failure to comply with the decree establishing the National Youth Service Corps Scheme, which mandates all holders of certificates equivalent to a Bachelor's degree to observe a one year compulsory Youth Service Programme

However speaking through his Chief Press Secretary, Mr Idowu Adelusi, Fayose alleged that the commission intimidated and coerced the legislators to begin the impeachment move, adding that the commission kidnapped the legislators and took them to unknown destination.

Adelusi also denied that the governor had received the notice of impeachment, saying as at 2.30pm yesterday, the state government was expecting the notice believed to have been sent through a courier firm.

The governor in the last few months has been facing EFCC investigation on alleged diversion of funds and inflation of contracts levied against him by a non-governmental organisation.

Adelusi, however, traced the ordeal of the governor to the activities of the opposition groups in the state who were not comfortable with the rising profile of the governor and his popularity with the masses in the state.

He noted that based on the petition, almost all functionaries of the state have been invited by EFCC to its office in Lagos for interrogation, adding that up till yesterday, the commission had not deemed it fit to invite the Governor to defend himself on the allegations.

Adelusi further said members of the state assembly, top civil servants contractors and aides of the governor had been invited at different times by the commission for questioning.

He said "a new twist was however added to the matter when upon the invitation of the EFCC, all the 26 members of the house of assembly left for Lagos on Wednesday 27th September, 2006 only to be kidnapped by operatives of the EFCC and later taken to unknown destination aside the usual detention camps at Okotiebo and Ikoyi, Lagos.

"Reports reaching me this morning indicate that the members had been coerced and intimidated to sign a notice of impeachment against me at their illegal detention camp obviously under duress in Lagos more than 200 kilometres from Ado-Ekiti their statutory sitting place. In the process, most of them have been dispirited."

He restated his earlier reaction to the commission's investigation of the alleged misdeeds in the state that the EFCC was acting the script of the opposition in the state, saying the opposition was scared of the intimidating political stature of the governor.

He added that while the state government identified with the anti-graft policy of the Federal Government, it deplored a situation where it had turned to a political tool of the enemies of the government.

He appealed to the EFCC to release the state legislators from their "illegal detention" to enable them continue with their constitutional responsibilities.