When the independent national electoral commission declared Mr. Peter Ayo
Fayose as the elected governor of Ekiti State on June 21, 2014, the
candidate of the APC, Governor Kayode Fayemi conceded defeat in the
election. Observers who monitored the election unanimously concluded that
the election won by Mr. Ayo Fayose was fair and free. Based on available
evidence at the material time, Mr. Femi Falana SAN also confirmed that
the election was won by Mr. Fayose. In saying publicly that Mr. Fayose
won the election Mr. Falana offended the APC leaders who were convinced
that the election was rigged in favour of the winner by the federal
government. To demonstrate that he does not subscribe to Mr. Fayose’s
primitive ideology of “stomach infrastructure” Mr. Falana refused to join
the legal team of the APC which challenged the validity of the election at
the election petition tribunal up to the Supreme Court.
However, in recent time, earth shaking revelations have been credited to
those who took part in the illegal use of armed soldiers to manipulate
the election in favour of Mr. Fayose. When the revelations of Captain
Sagir Koli who recorded the conversation of the electoral bandits
including the altercation between General Aliyu Momoh and Mr. Fayose were
published last year there were denials by the dramatis personae. Even
though Mr. Fayose initially denied the recording and attempted to
discredit it he later admitted his role in the sordid affair. Embarrassed
by the incident, the authorities of the Nigerian Army instituted a panel
of inquiry to probe the role of military personnel in the Ekiti and Osun
states’ governorship elections. The panel carried out its assignment and
recommended that 62 army officers and soldiers who were involved in the
criminal enterprise be sanctioned. In the ongoing investigation into the
criminal diversion of $8 billion earmarked for the purchase of arms and
armament, the Economic and Financial Commission has traced N4.8 billion
to a former defence minister for the funding of the coup de tat.
The secretary of the Ekiti state chapter of the Peoples Democratic Party,
Dr. T. K . Aluko has since given a detailed account of the military coup
that ensured the “victory” of Mr.Fayose in the disputed election. One
Olalere Olayinka, a personal assistant to Mr. Fayose was unable to
challenge the grave allegations made by Dr. Aluko. For want of credible
defence in the circumstance the Ekiti state government is alleged to have
obtained an ex parte order for the arrest of Dr. Aluko. But since the
allegations are too serious to be swept under the carpet the State
Security Service and the EFCC have intervened with a view to interrogating
and prosecuting all the suspects who took part in the criminal activities
committed during the election.
In the light of available fresh evidence on the fraudulent manipulation of
the election Mr. Falana was compelled to review his position. It is on
record that he is not the only one who has questioned the credibility of
the election in view of the revelations credited to some of the civilian
and military personnel who staged the coup. In other words, Mr Falana
made his comment immediately after the election last year based on the
information at his disposal. Therefore, the allegation of inconsistency
on the part of Mr. Falana is a figment of Mr. Fayose’s warped imagination.
Having consistently demanded the prosecution of all the wicked criminals
who shared in the looting of the fund for procurement of arms Mr. Falana
has called for the arrest and trial of Mr. Fayose and his cohorts over
the N4.8 billion deployed to perpetrate the grave electoral malfeasance
that characterised the last Ekiti state governorship election. In
particular, Mr. Falana stated that Mr. Fayose should be tried since he
was a candidate and not a governor when the serious electoral offences
were committed by him. For his contention that the governor’s immunity
does not cover his impunity Mr. Falana cited several decisions of the
Supreme Court and the Court of Appeal. With respect to fresh facts which
have established that the election was marred by monumental fraud Mr.
Falana has opined that the Supreme Court could be approached by the APC
to review its judgment on the endorsement of the election of Mr. Fayose
since it is trite law that any judgment obtained by fraud is liable to be
set aside.
Instead of joining issues with Mr. Falana on his views Mr. Fayose has
resorted to a campaign of calumny. While not denying his involvement in
politically motivated killings in Ekiti State Mr Fayose has accused
Mr. Falana of maintaining silence over killings which occurred when Dr.
Kayode Fayemi was the governor. But since the allegation exists in the
demented imagination of Mr. Fayose and his killer squad they have
deliberately suppressed Mr. Falana’s regular condemnation of violent
attacks in ekiti state under the Kayode Fayemi government.
Notwithstanding that the allegation is spurious and uncalled for it is
pertinent to advise such characters to goggle the following
publications:
(1)” Killings: Falana threatens FG, firms with law suit”
(2)” Falana seeks arrest, prosecution of culprits”
(3)”Falana condemns Iyin Ekiti violence”
The cheap blackmailers may also check the Senior Advocate’s positions
over the unlawful killings at Ifaki, Ijan, Ikere, Ilawe, Aramoko, Omuo,
Ado, Erijiyan which occurred from 2003-2013. Apart from ensuring that the
suspects were charged to court Mr. Falana made the state government to
pay compensation in deserving cases. In other matters he filed suits in
courts on pro bono publico basis to compel the police to prosecute the
powerful murder suspects including Mr. Fayose. In taking up such cases
Mr. Falana risked his own life and personal liberty.
The problem with Mr. Fayose is that his hands are stained with the blood
of Tunde Omojola, Dr. Ayo Daramola, Engr Kehinde Fasuba and several others
whose barbaric killings were traced to him by the Police. Sometime in
2005, an Akure based lawyer, Mr. Morakinyo Ogele cried out that Mr.
Fayose had concluded plans to kill him. Following the publication of the
allegation by The News magazine Mr. Fayose sued both the magazine and Mr.
Ogele for libel at the Ekiti State High Court holden at Ado Ekiti . As
counsel to the defendants Mr. Falana pleaded and proved at the trial that
the allegation was true in every material particular. The trial court
confirmed Mr. Fayose’s involvement in politically motivated killings in
Ekiti state. Having diverted N1.2 billion on a poultry scam the trial
court further held that he has no reputation worthy of protection.
Dissatisfied with the epochal judgment Mr. Fayose rushed to the Court of
Appeal. In dismissing the vexatious appeal the Court of Appeal also
indicted Mr. Fayose.
Unlike Mr. Fayose who has been indicted by the Police and the State
Security Service as well as the High Court and the Court of Appeal no
other governor in Ekiti State has been found liable for the cold murder
of any citizen. If Mr. Fayose has any evidence linking any other governor
with politically motivated killings we dare him to publish it or send it
to the police without any delay. He can be rest assured that Mr. Falana
will not hesitate to insist that justice be done, even if the Heavens will
fall. However, Mr. Falana is convinced beyond any shadow of doubt that the
law will soon catch up with Mr. Fayose for the grave electoral
malfeasance, criminal diversion of public funds and serial murder of
unarmed people in Ekiti State committed by him with reckless impunity.
Shina Odugbemi
Coordinator, Value and Integrity Group