From hiding, supposedly impeached Ekiti State Governor declared that he was still in office and that the goings on in his state had all the trappings of a coup plot in a democracy. His declaration came on a day power struggles raged between Fayose's equally impeached deputy, Mrs. Abiodun Olujimi, and the disputed Acting Governor, Chief Friday Aderemi.
Nobel Laureate, Professor Wole Soyinka, has cautioned, "We are in grave danger,” as the political water boils over.
Meanwhile, jolted by the surprise visit of impeached Deputy Governor of Ekiti State, Chief (Mrs.) Abiodun Olujimi, to her office yesterday, the State Security Service (SSS) has shut down the office and withdrawn all her official staff. Olujimi’s office was sealed off by a detachment of security agents who warned her to steer clear of the Government House. Olujimi, who was defiant, declared that she was still the deputy governor and that she had gone to court to challenge her unconstitutional removal.
The controversially impeached Governor, in a telephone conversation with Lagos State-based Channels Television, said: "I have not been impeached at all. It has only been a coup against the people and the judiciary."
Fayose said that he was speaking from Ado Ekiti, the state capital. His whereabouts had been subject of controversy, with the Police claiming that he was in Ibadan, while other reports said that he was in Ghana or Ireland. Yet another report said that he had been arrested at a border town between Nigeria and Benin Republic.
But the impeached Governor told the television last night that he was in Ado Ekiti. He said: "It is only when you are alive that you can fight your cause. I say it again, I am an innocent man. If all these things they are talking about are (true), if it had been a case of fair hearing, a fair situation, nobody would bother."
Fayose, who was impeached on alleged ground of financial impropriety said: "I left in Ekiti State coffers, the sum of N5.5 billion."
On his whereabouts, the impeached governor said: "I am still in Ado Ekiti." Explaining his reason for going underground, he said: "It was reported to me in the night at about 3.00 a.m. that they brought in 11 lorry loads of mobile Policemen with Armoured Tanks. As a result, if I had to force my way to get there, there would be bloodbath."
He added: "I will say I was just compelled to be hiding here because it is only when you are alive that you can fight this battle."
Earlier in the day, Aderemi moved into the Governor's Office and summoned the accountant-general to brief him on the finances of the state.
However, amidst a detachment of her security aides, Mrs. Olujimi also returned to her office, claiming that was "in charge".
She directed the state Accountant-General not to honour any directive from anywhere else and summoned state executive council meeting.
Earlier in the day, a tumultuous crowd welcomed Aderemi to Ikere-Ekiti, singing praises and thanking God for the impeachment of Fayose. He later declared open the Teachers Registration Council of Nigeria's meeting at the Catholic Pastoral Centre, Ado-Ekiti, before going into the governor's office.
There was heavy presence of armed anti-riot policemen and officers of the State Security Service (SSS) in his entourage.
In a press interview later in the office formerly occupied by Fayose, the acting governor told journalists that he was just settling down into office and that very soon, he would determine who stays and who goes among the members of the cabinet.
He said he was meeting later in the day with the state Accountant- General who was expected to brief him on the finances of the state.
Asked whether he was aware of a press conference held earlier in the day by Mrs. Olujimi, he replied:
"This is the seat of government and this is where I am. Anything happening outside here is not in the interest of the people of Ekiti State, and nobody can give recognition to it. As far as Ekiti State people are concerned, both of them (Fayose and Olujimi) have been impeached until a court of law says they are not properly impeached."
Aderemi maintained that the constitution was very clear about impeachment procedure. "No court has a right to entertain anything, action or procedure the House of Assembly adopted in impeaching any person. He cited the example of the former Deputy Governor of the state, Chief Abiodun Aluko, who was impeached about a year ago.
"A court has just come out to say that it lacks jurisdiction to entertain the suit filed by Aluko to challenge his impeachment", he said.
Asked whether all this intrigues would not lead to a declaration of a state of emergency in Ekiti State, the acting governor replied that there is nothing on ground to warrant a state of emergency.
He said: "Since I was born, I have never entertained negative thoughts. I have always been positive-minded. Right now, I can tell you that there is nothing on ground to warrant that. Did you see people fighting in the streets? Do you see blood-letting anywhere? Even in Plateau State where people were killed and houses burnt, a state of emergency has not been declared there; in the Niger Delta where people are being kidnapped on a daily basis, the Federal Government has not declared a state of emergency there."
Even if there is constitutional crisis, there is a body set up by law to determine and adjudicate on the crises and that is the court. There is no reason to believe that emergency rule can be foisted on the state," he concluded.
But Olujimi said that it was only a substantive governor who should move into the governor's office.
"As an acting governor, he is still the Speaker of the House of Assembly and he ought to remain in his office while performing the functions of the acting governor. He has no right to move into the governor's office," she said even as she added that journalists' should watch events unfold.
However, reacting to the comment of the Attorney-General of the Federation, Chief Bayo Ojo (SAN), the acting governor in a statement signed by his personal assistant, Mr. Adenitan Akinola, described Chief Ojo's comments as unfortunate.
He said: "The people of Ekiti State view this as a deliberate attempt to subvert their will to decide the leadership of their choice and to cause anarchy in the state.
"It has become very obvious where the interest of these elements lie. None of them commented during the three years of oppressive, Machiavellian and obstinate rule of Fayose.
"It is pertinent to state that Ekiti people have exercised their political rights through their representatives. The people who are known for honour and integrity have unanimously sacked a very corrupt, dictatorial and lawless governor.
"The courage and the conduct of the people deserve commendation for the lawful conduct of the people during the impeachment exercise," he concluded.
However, earlier in the day, Mrs. Olujimi made a dramatic appearance in her office. And she was talking tough amidst detachment of her security aides.
"You are all aware that the state is going through a lot of crisis precipitated by the House of Assembly impeachment action.
"A little bit of the crisis emanated through the House, which sat and said it has impeached the governor and the deputy. It is unfortunate that such action was taken.
"But we have learnt from the Chief Law Officer of the country, Chief Bayo Ojo, on the issues involved and his declaration that all actions taken in Ekiti State are null and void. And so, we are taking it from that angle by saying that we are back to the status quo..."
She would however not entertain questions on the whereabouts of impeached governor Fayose, saying all she knew was that "I am in charge here as the sitting Deputy Governor."
And to demonstrate that she was really in charge, Mrs. Olujimi directed the finance commissioner and the Accountant-General of the state not to honour any directive from anywhere. She also scheduled a meeting of the state executive council for the old Governor's Office, which permanent secretaries and heads of government parastatals are expected to attend.
The returnee deputy governor asked curious reporters to wait for the next few hours as events would unfold and they would get to know who actually was in charge.
The armed mobile policemen at the main gate of the old Governor's Office frisked all persons entering the premises.
However, Olujimi's actions did not go unchallenged.
Aderemi, described Mrs. Olujimi's action as testing the will of the people of the state to resist illegality.
Speaking through his Special Assistant, Adenitan, the Acting Governor said: "Mrs. Olujimi has been impeached by the representatives of the people and nothing can change the resolve of the people to have a clean break from the Fayose Administration, which he alleged was noted for looting and all sorts of illegality.
The state Assembly had on Monday after the report of a probe panel into allegations of gross misconduct against Fayose and Olujimi pronounced them guilty and impeached the two officials with an overwhelming majority.
Few hours later, the Speaker of the state Assembly, Chief Friday Aderemi, took the oath of office as the Acting Governor.
But Mrs. Olujimi said the PDP was already involved in the process of ensuring orderliness in the state, adding that everybody in the party would be carried along in the process of rebuilding the party.
Olujimi said the PDP is a big family and nothing must be done by anyone to destabilise the party for any selfish motive.
Olujimi who had her security details intact contrary to media reports insisted that the country is being governed by the constitution and nobody should subvert the constitution for any reason.
"We are using this medium to tell everybody that what has happened to us is unfortunate as the PDP in the state is a big family.
"It gives us the opportunity to resolve issues amicably, politically and of course legally. We will explore all avenues open to us to ensure everybody is brought back on board and to ensure all grievances are addressed.
"So, let me use this opportunity to ask my brothers in the Assembly to come back on board at this hour of our democracy. Whatever we are doing in Ekiti State must be to the benefit of all interests."
With Fayose's fate now hanging, he may join the governors of Enugu (not impeached but removed through a court process), Bayelsa and Oyo in the growing list of state executives who have tasted the wrath of a dangerously powerful and vengeful Federal Government. President Olusegun Obasanjo was said to have personally taken an interest in seeing that Mr. Fayose was removed.
Likely to to suffer the same fate shortly are the Vice President, Mr. Abubakar Atiku, the Plateau State Governor, Mr. Joshua Dariye; and the Anambra Governor, Mr. Peter Obi. It is disturbing that all of the affected office holders come from the same PDP political party as the administration.
The Obasanjo administration is being suspected of using selective justice to fight those who had fallen out of favor with it.
Nigeria's anti-corruption watchdog, the Economic and Financial Crimes Commission (EFCC), recently accused Mr Fayose of diverting $100,000 to a personal account in the US. He was also accused of receiving kickbacks on a poultry project embarked upon by his state government.
The EFCC says almost all of Nigeria's 36 state governors are corrupt.
While the effort of the EFCC is commendable, it seems it has conveniently left out some of the most flagrantly corrupt elite, while bending the rule of law to achieve its aims.
General Ibrahim Babangida, the former military dictator, has been indicted even by the government's own report submitted by the Okigbo panel of embezzling funds running into billions of dollars. Babangida's son was also arrested and quickly released by the EFCC. Seven years after the Obasanjo government came to power, Babangida has not been probed, even once.
The Okigbo report has been pushed under the rug. And many military officers - some of them Obasanjo's friends - such as Theophilus Danjuma, Joshua Dongoyaro, Jeremiah Useni, Augustus Aikhomu, Bode George, Mike Akhigbe, all of whom have more money than they could account for, are still running round as free men - with some even holding powerful political posts. Danjuma just lost a juicy oil bloc allocation after falling out of favor with Mr. President.
The hypocrisy of the present administration has caused many Nigerians to wonder if they can trust President Olusegun Obasanjo with the war on corruption. EFCC's Nuhu Ribadu has said he would leave his position at the end of the term of the current administration, which sends the signal the anti-corruption drive is only for a given timeline.
The greatest fear now is that the administration is no longer respectful of the constitution in order to achieve its aim of purging political opponents who are like the rest of the political class, simply corrupt public officials.
While many people and organizations, including AgainstBabangida.com, have advocated bringing corrupt officials to book and commended the EFCC, the method employed by the government to do this is now the subject of contention.
The impeachment process against Mr. Fayose suffered a major set back when the Chief Justice of Nigeria and Chairman of the National Judicial Council, Alfa Belgore rejected the appointment of Hon Justice Jide Aladejana as the state acting Chief Judge.
He posited that the purported removal of Bamisile and the subsequent appointment of Aladejana were inconsistent with section 271 of the 1999 Constitution. The Chief Justice said: “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.” Section 271(1) of the 1999 Constitution stipulates that: “ The appointment of a person to the office of Chief Judge of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council subject to confirmation of the appointment by the House of Assembly of the State.” Belgore said since Aladejana’s appointment as the acting Chief Judge failed to meet with this constitutional requirement, it was therefore, unconstitutional.
Professor Wole Soyinka said: “The courts have been disobeyed. The constitution subverted. Nobody says people shouldn’t go after criminals, thieves and corrupt people. We are all agreed on this. But if the methodology flouts the constitution of the land or the law or the methods being used, then we are in grave danger. What is used against the felons today will be used against the innocent tomorrow. All I want to say right now about the situation in the country is that democracy is being fouled up in a way that it is of enormous danger to future generations.”
Apart from Wole Soyinka, human rights activist, Mr. Gani Fawehinmi, has also said the nation needs to pause to think, going by the warning of the Chief Justice, Alfa Belgore, that the law was being trampled upon.
Said Mr. Fawehinmi: “I think the Chief Justice of Nigeria is the head of the judiciary as well as the head of the National Judicial Council, NJC, that has the constitutional role to play in the appointment of judges and every aspect of the discipline of judges under the constitution, particularly schedule 3 Part I paragraph 13 and also in relation to S.292, the NJC has a definite role to play in respect of the appointment of judges. So, when the Chief Justice speaks in respect of appointment of judges, he is speaking also as the chairman of NJC specially created under the constitution by S153. So, I think when the CJN speaks on a matter like this, his voice should be taken very seriously, absolutely seriously, that is my personal view. Professionally, he speaks with constitutional authority and I think we should respect his opinion on what the lawmaker should do."
The Nigerian government established the EFCC in 2003 to combat corruption, advanced fee fraud, locally known as 419, and other economic crimes in the oil-rich west African country.
Nigeria is on Transparency International's list of the world's most corrupt countries.
President Olusegun Obasanjo's critics accuse the EFCC of being selective in its anti-corruption effort.
They say the EFCC only targets the president's political opponents and critics.
Since it was established three years ago, the EFCC has carried out investigations that have led to the impeachment of three governors, albeit amid controversy.
Diepreye Alamieyeseigha of the oil-rich Bayelsa state was impeached last December after he jumped bail in the UK and returned to Nigeria dressed as a woman.
Mr Alamieyeseigha is currently standing trial in Nigeria on charges of money laundering and embezzlement of state funds.
Mr Rashid Ladoja of Oyo State was also impeached last January following allegations that he had also used his office as governor to corruptly enrich himself.
Plateau State Governor Joshua Dariye is a current target of the EFCC.
Mr Dariye was arrested in the UK in 2004 on suspicion of money laundering. Like Mr Alamieyeseigha, he also jumped bail and returned to Nigeria where efforts are still on to impeach him.
Nigerians now wait to find out when the EFCC will pounce on the ocean of corruption where the big fish such as Ibrahim Babangida reside.
