As Politicians Battle for Soul of Sunshine State…

Fidelis David writes that there is no cease-fire in sight in the raging war between Governor of Ondo State, Mr Oluwarotimi Akeredolu and the deputy governor, Mr Lucky Aiyedatiwa, as political survival battle continues between the latter and the state House of Assembly over allegations of gross misconduct against the deputy governor.

The past five months in the sunshine state has been very dramatic, tempestuous, unruly, very rough and burdensome with too many battles within a too little space of time.

The imbroglio can be described as a display of needless powerplay that has almost rendered the state ungovernable.

The battles have raised many cryptic dusts, fuss, uproar and culminated into devastation like the havoc of the inglorious atomic bomb in the Hiroshima during the second world war. In fact, the real battle is yet to come.

It’s now a harrowing ghost; no surrender; no retreat.

The first battle was the ill-health of Governor OluwarotimiAkeredolu, who went on a three-month medical leave in Germany and his subsequent return to the country on September 7, 2023.

Second was the battle of the deputy governor, Mr Lucky Aiyedatiwa having to convince the whole world that the allegation by, the Society for Women Empowerment, that he (Ayedatiwa) had physically assaulted his wife twice in four months was untrue.

Third was the battle of controversy over Akeredolu’s failure to return to the state or make public appearance, fuelling the suspicion that the state is being governed by proxy.

Particularly, the Opposition Peoples Democratic Party (PDP) and the All Progressives Congress APC, bicker as the former questioned the rationale behind the failure of Akeredolu to return to Akure since his return to Nigeria, saying: “The Governor of Ondo State, Mr. RotimiAkeredolu, is still nowhere to be found, since he claimed he has resumed duties as governor after his three months medical leave in Germany.

A week after Akeredolu’s arrival, the PDP also challenged the rationale for calling for a meeting in his Ibadan residence, instead of Ondo State where he was elected to govern.

“Up till this moment, the governor has not been seen anywhere near Ondo State. Akeredolu is beginning to fuel media speculations that, against the advice of his doctors, he was hurriedly brought into Nigeria to foil an impeachment process.”

The party alleged that Akeredolu also ordered an upgrade of his Ibadan residence to include a replica of Executive Council Chambers, from where he intends to hold exco meetings.

Ondo PDP asked: “Does Akeredolu want to make Ibadan the capital of Ondo State? What is the hurry to resume all about if he cannot come to Ondo State? Would it not have made more sense if he was still attending to his health abroad? Why did he say he has resumed when indeed he has not?

“Our party wishes to advise Akeredolu to come to Ondo State to complete his tenure. But if he does not feel fit enough to resume, he can proceed on another medical leave instead of trying to pull wool over our eyes in Ondo State.”

Swiftly, the state chapter of the All Progressives Congress (APC) described the PDP’s statement as an indication that the opposition party wished the governor would not come back from his medical vacation. The spokesperson for the APC in the state, Alex Kalejaiye, said the governor has been attending to state matters since his arrival.

Also, the Chief Press Secretary to the Governor, Richard Olatunde, believes that the location of Akeredolu has not hindered governance in the state, noting that the government is not only functional but, actively advancing the state’s development.

 “The location of the Governor, therefore, should not be sensationalised, but rather, the focus should be on the tangible progress being made in the state. In fact, the Governor, upon his return to the country, immediately held meetings with crucial stakeholders to discuss matters of state importance, showcasing his commitment to the state’s development irrespective of his location.

“It’s noteworthy to mention that the Governor has recently signed the Local Council Development Area (LCDA) bill into law. This is a progressive step towards the development of the state, further reinforcing the fact that the government is operational and effectively functioning.

Akeredolu was last seen briefly in public shortly after he returned to the state from his 15 working days annual leave on May 1, but his ill health generated a lot of anxiety.

The governor had embarked on a 21-day medical leave on June 7 and was expected to return home on July 6, 2023 to start performing his duties after he had written to the state House of Assembly in line with the constitutional provisions.

When he proceeded on medical leave, he handed over power to the deputy governor, Mr. Lucky Ayeditawa to act, as required by the constitution.

However, on the expiration of the vacation, the state assembly received yet another letter from the governor requesting the extension of his medical leave but this time, a date of return was not included.

Perhaps, Akeredolu believes in the Yoruba saying that “Kekere la tiinpekairoko, nitori bi o badagba tan, eboniyo ma gba”, which means, the branches of an iroko tree must be pruned from the time it was still a sapling, because if not pruned, it will grow up wild and will demand sacrifices regularly to placate it.

Flowing from this, on September 12, few days after his return from Germany, the governor disbanded the media crew attached to the Office of the Deputy Governor and the transfer of the duties of his media crew to the state Ministry of Information and Orientation, indicating that their relationship has worsened.

Latest in the battle is the impeachment process against the embattled deputy governor, Aiyedatiwa by the state Assembly over alleged financial misappropriation bordering on the alleged approval of N300 million for the purchase of bulletproof SUV for himself.

The deputy governor was expected to react to the 14 allegations of gross misconduct level against him. A letter signed by 11 out of the 26 lawmakers accused Aiyedatiwa of “gross misconduct, abuse of office with actions likely to bring down Ondo State Government, financial recklessness, publication in print media by your media aides maligning the credibility of the Governor” among others.

However, on September 25, the deputy governor asked an Akure high court to stop the House of Assembly from proceeding with the impeachment plans against him. In Suit No. AK/348/2023 filed on his behalf by Senior Advocate of Nigeria, EbunoluwaAdegboruwa, the deputy governor asked for an order of the court to stop the state Assembly from initiating, continuing, or proceeding with the process of removing him from office.

On September 26, the State House of Assembly swiftly responded that the Federal High Court injunction secured by the embattled Deputy Governor, would not in anyway affect the action of the State Assembly.

Basically, the House said the court could not stop the impeachment exercise as its action was protected by the Nigerian constitution against interference by courts.

Unfortunately, the House equally went ahead to appeal the same Order of a Court of competent jurisdiction they initially discarded, disparaged and ignored.

In continuation of the crisis, on October 3, the Assembly, in a swipe, dragged a Federal High Court Judge, Justice EmekaNwite, before the National Judicial Council (NJC), for allegedly compromising his office and violating the constitution of the Federal Republic of Nigeria.

Specifically, the Assembly described an ex-parte granted by a federal High court in Abuja on 26th September, 2023, restraining the Assembly from impeaching the Ondo State Deputy Governor, as “unconstitutional and clearly malevolent”.

In a petition addressed to the Chairman, National Judicial Council (NJC) and signed by the Speaker of the House, Hon OlamideOladiji, the Assembly accused Justice Nwite who granted the order for allegedly compromising his office and violating the constitution of the Federal Republic of Nigeria.

However, on October 9, the House of Assembly withdrew the petition written against Justice Nwite, for giving an order stopping the impeachment of Aiyedatiwa. The Assembly also apologised to Nwite over the “wrong choice of words” used on the Federal High Court judge in the petition.

Seven-man Investigative Panel

Earlier on October 3, the state assembly renewed its resolve to press ahead with Aiyedatiwa’s impeachment, thus ignoring desperate moves by the national leadership of the All Progressives Congress to ward off Aiyedatiwa’s ouster from office.

Specifically, the Assembly issued a fresh directive to the state Chief Judge, Justice OlusegunOdusola, to “immediately” set up a seven-man panel to investigate Aiyedatiwa on the allegations leveled against him.

According to the House, this is as result of the alleged failure of the deputy governor, to respond to the notice of allegation of gross misconduct levelled against him within seven days. The House noted that the decision of the nine-man panel was in line with section 188 of the 199 Constitution of the Federal Republic of Nigeria as amended.

In a swift reaction, on October 5, the state Deputy Governor called on the state Chief Judge, Justice Odusola, to disregard the request by the state Assembly to set up a seven-man panel to investigate allegations against him.

A letter written on his behalf by a Senior Advocate of Nigeria, EbunoluwaAdegboruwa, dated 5th October, 2023, justified that Section 188 (2) of the 1999 Constitution makes it mandatory that the holder of the office shall be served with the notice before the House of Assembly is conferred with jurisdiction to sit on the removal proceedings but the House is in flagrant violation of the section when it convened its plenary proceedings on September 20, 2023 before the holder of the office was served, in breach of the constitutional and fundamental right to fair hearing of his Client (the Deputy Governor).

CJ Steps Down Assembly’s Request to Set-up Probe Panel

On October 11, the Chief Judge (CJ) of Ondo State, Justice OlusegunOdusola, stepped down the process of setting up a seven-man investigation panel to investigate Aiyedatiwa.

The CJ in a letter to the Speaker of the State House of Assembly, Hon Oladiji, with ref no. CROD/1123/V.3/ dated October 6, 2023, cited Section 287 (3) of the Constitution as the reason why he cannot act on the letter from the House.

Basically, the CJ said he was barred from performing the function by an order of a Federal High Court.

Titled: “Re: Letter Of Request To Set Up Investigation Panel Pursuant To Section 188 [5] Of The 1999 Constitution (As Amended),” Justice Odusola said despite being mindful of section 188 of the 1999 Constitution(as amended), there’s a restriction order from a Federal High Court in Abuja.

The CJ’s letter stated, inter alia:

“Your letter reference NO: ODHA/98/253/406 of October 3, 2023 in respect of the above matter refers. I wish to inform you that on 28 September 2023, I was served with an Order of interim injunction granted by the Federal High Court, Abuja, Coram: Hon Justice EmekaNwite in Suit No: FHC/AB/CS/1294/2023 dated September 26, 2023 in respect of this subject matter.

“Order 4 therein restrains the Chief Judge of Ondo State from “constituting any seven-man panel at the instance of the 4th Defendant Respondent in respect of the complaint of the plaintiff” among others, (Please find attached hereto a copy of the order).

“I am not unmindful of S. 188(10) of the Constitution of the Federal Republic of Nigeria 1999 as amended which provides as follows: ‘No proceedings or determination of the Panel or of the House of Assembly or any matter relating to such proceeding or determination shall be entertained or questioned in any court’.

“Notwithstanding the above provision, a Court order is binding until set aside either by a Court of coordinate jurisdiction or by an appellate court.”

Assembly Insists On Going Ahead With Impeachment Process

For the Ondo State House of Assembly, the plan is simple but caution; vigilance; prudence; all must be heeded. No overdoing, no under-doing, everything must be perfect and the result must be achieved!

This, the Assembly, last Saturday reiterated that it has not suspended the impeachment proceedings of the state Deputy Governor.

This came a day after the spokesperson of the Assembly, OlatunjiOshati, confirmed that the lawmakers will comply with the order and halt further proceedings on the impeachment.

However, counsel to the state house of Assembly , Femi Emodamori, insisted that it would see through to a logical conclusion in order to determine the veracity or otherwise of the monumental allegations of gross misconduct against the Deputy Governor.

“Our client, the Ondo state house of assembly has brought some distorted news story stating that it had “suspended” the impeachment of the State Deputy Governor, to our attention.

“The House reaffirmed that it has not “suspended” the impeachment process as inaccurately reported, and will carry same through to a logical conclusion in order to determine the veracity or otherwise of the monumental allegations of gross misconduct against the Deputy Governor.

“Impeachment is a constitutional process clearly outlined in section 188 (1)-(11) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and our Client has meticulously complied with all the stages leading up to the obligation placed on the State Chief Judge to set up a seven-man Panel to investigate the allegations, as stipulated in Section 188(5) of the Constitution. The notice of allegations of gross misconduct was signed by 11 members of the House and presented to its Speaker on 20th September, 2023 in strict compliance with Section 188(2) of the Constitution, which requires at least one-third of the 26 House members to sign and present the notice to the Speaker. That is the first stage in an impeachment process.

“The Speaker in turn served the notice on the Deputy Governor on 25th September, 2023, and also caused same to be served on all the other members of the House, in strict compliance with the same Section 188(2) of the Constitution which requires him to do so within seven days.That was the second stage.

“The third stage, as stated in Section 188(3) of the Constitution, requires two-third majority of the members to pass a motion within 14 days after the notice of allegation(s) of gross misconduct was first presented to the Speaker, for the investigation of the allegation (s) and request the State Chief Judge to set up the seven-man Panel to investigate same.

“Our Client meticulously complied with the said Section 188(3) of the Constitution. In fact, 23 out of its 26 members (more than the minimum two-third majority required) passed that motion on 3rd October, 2023.”

The Assembly noted that, “Section 188(5) of the Constitution further states that after the motion is passed by the two-third majority, the Speaker should formally request the State Chief Judge to set up the seven-man Panel. The Speaker diligently complied with this on the same 3rd October when the motion was passed.

“It was at this stage that His Lordship, the Honourable Chief Judge of Ondo State, replied the House, stating that he received an ex parte Order which the Deputy-Governor secured from the Abuja Judicial Division of the Federal High Court on 26th September, 2023, ‘restraining’ his lordship from setting up the Panel, pending when the Court would hear all the parties in the case to determine the merit of the application or the case filed by the Deputy-Governor.

“For the avoidance of doubt, Section 188(10) of the Constitution clearly states that the proceedings or determination of the House or Panel or any matter relating to such proceedings or determination shall not be questioned or entertained in any court”, and there are too many judgments of the highest courts in Nigeria affirming that no court has the jurisdiction to dabble into an impeachment process, as long as the House of Assembly complies with all the constitutional process.

”The Honourable Chief Judge himself stated in his widely reported reply to my Client, that his lordship was not unmindful of the above provisions of Section 188(10) of the Constitution and even quoted it verbatim.

“His lordship however stated that as a Chief Judge, he would prefer that the ex parte Order, which his lordship believes “tied his hand”, should first be vacated or set aside. The Chief Judge obviously prefers to err on the side of caution.”

Arogbofa’s Settlement Theory

The Yorubas parlance, “Agbakiwaloja, kioriomotitun o wo”, which literally means, an adult can’t be in the market and the head of newborn is crooked.

This, an elder statesman, BasorunSeindeArogbofa, believes it’s important for Akeredolu and Aiyedatiwa to reconcile their differences in the interest of the state.

While appealing to the warring factions within the governor and deputy governor’s camps to sheath their swords in the interest of peace in the state, he said: “it is in interest of the state and the number one and two persons (the governor and his deputy) for them to reconcile their differences so that we can have peace and continue to progress in the state.

“If the governor and his deputy are at loggerheads, we can’t have peace, we can’t make progress, and Ondo state may be the worse for it. There must be a way to restore peace. One would like the national body of their party (APC) to intensify their efforts so that peace can be restored.

“My contention is that they should discuss their affairs. If your deputy has erred, call him to order so that we can have peace because there is nobody who is perfect. The more they allow this thing to linger, the more unpleasant things will happen in the state.”