FAYOSE THROWS ANOTHER PUNCH AT THE JUDICIARY

The plan to restore all the privileges of former Governor Olusegun Oni by the incumbent Governor Ayodele Fayose has again ignited another round of controversies in Ekiti State.  While taking the decision, Fayose, had claimed he decided not to rubbish efforts of past rulers of the state.

However, against the background Oni was removed from office through the Court of Appeal judgment, which proclaimed he never won the governorship polls conducted in 2007, Fayose’s decision is building another round of controversy.

Gov. Fayose

Olusegun Oni was elected governor of Ekiti State in April 2007 on the PDP platform. He was removed from office on the 15th of October 2010 following the Judgment of an Appeal Court which ruled against him on the basis of Dr. Kayode Fayemi’s challenging his victory.

The Appeal Court upturned the decision of the lower tribunal. In May 2010, Oni won by a split decision at the election petition tribunal. However, the minority ruling at the tribunal opposed this by upholding the petition filed by  Fayemi.

Two judges supported the minority judgment while three judges endorsed the majority ruling.

Fayose in a statement in Ado-Ekiti by his Chief Press Secretary, Mr Idowu Adelusi, said  he took the step in appreciation of the contributions of past leaders in the state.

“Governor Ayo Fayose is restoring all the privileges of former Governor Segun Oni. His portrait among those who have led the state that was removed from the Governor’s Office by former governor Kayode Fayemi has been returned. All those who served with him and whose portraits and other souvenirs were removed by the past administration such as former chief press secretaries among others, have been returned,” said Fayose’s aide.

“The Fayose administration appreciates the contributions of those who have led the state in the past and would not in any way rubbish such. We are ready to acknowledge all and would not because of political differences rubbish what people have done in the past,” he added.

The move elicited mixed reactions from some senior lawyers. However, majority of them argued that it was wrong since in the face of the law, arising from the judgment of the appellate court, Oni’s administration never existed.

It is imperative to state here that former Head of the Interim National Government, Chief Ernest Shonekan still enjoys the rights and privileges of a past head of state even though his government was sacked by Justice Dolapo Akinsanya (rtd).

A constitutional lawyer, Professor Itse Sagay, SAN, took a swipe at the decision of the governor, saying he is not surprised by the latest decision from the Governor.
According to Sagay, “Everybody knows that Fayose is erratic, so nobody will be surprised by anything he does. He is a man full of antics and is an unguided missile, he can land anywhere at any time. So I’m not surprise at anything.”

In line with Sagay, another senior lawyer, Chief Morah Ekwunoh, said : “The governor’s decision is regrettable, and it is an action which can only be justified in politics”. He submitted that such decision cannot stand the test of the law.

“No doubt, the decision by Governor Ayodele Fayose of Ekiti State to restore, in toto, the rights and privileges appurtenant to the person of Oni as ex-governor of the state finds regrettable justification only in politics, and not law. 

This is because, from strict legal periscope and prism, his election, having been duly nullified by competent judicial process, the said election is seen as not  tohave ever existed or ever took place, ab initio, as to bring into being his entitlement to such rights and privileges as being conferred by Governor Fayose.

Culled from 'Vanguard'