MUSTAPHA OGUNSAKIN WRITE-UP

E-11 and the lessons of history
There is a saying that those who refuse to learn from the lessons of history are condemned to repeating past mistakes. October 15, 2006 will always be a day to be remembered in the history of Ekiti State. It was the day the then governor, Ayodele Fayose was impeached from office, and the then Speaker of the state House of Assembly, the late Chief Friday Aderemi became governor in acting capacity, though he did not last in office for a day!

I remembered vividly the night Aderemi took over the reins of power. Right inside the governor’s private office was Babafemi Ojudu (now a senator) who was then the chairman of the E-11, a group of Ekiti indigenes who had bounded together for political reasons. Ojudu was accompanied by Kayode Fayemi (the incumbent governor) then an aspirant of Alliance for Democracy (AD), Segun Oni (former governor), also an aspirant of PDP, and one Kayode Afolabi, a friend and business partner of Ojudu. There was also the then chairman of the PDP in Ekiti, Chief Ropo Adesanya, who was mandated to proceed to Lagos for a world press conference the following morning. The press conference never materialized as the then President Olusegun Obasanjo declared a state of emergency at 7 am the following morning.

The group E-11 under the leadership of Ojudu had supervised the impeachment of Fayose. The group received funding from prominent Ekiti indigenes from home and abroad who had been made to believe that Fayose is a collective enemy that must go at all cost. The “Fayose must go” fund ran into hundreds of millions of naira that partly went into the hands of the legislators who were camped at Royal Birds hotel, Akure, Ondo State, and the Women Development Centre, Agege, Lagos at various times. The major part of the funds ended in the private pockets of the leadership of E-11.

The Ekiti State Judiciary did not go unscathed in the impeachment saga. Two prominent and promising Ekiti judicial officers had their careers terminated due to political influence. Justices Kayode Bamisile, and Jide Aladejana are brilliant judges that could have rose to the pinnacle of their careers as Supreme Court Justices but they allowed themselves to be used by politicians. Today, their names are consigned into the dustbin of history.

Members of E-11 received very handsome rewards for the impeachment of Fayose. Before Segun Oni became the governor, Ojudu’s company, Special Events always get the contract for organizing both CAN and PDP rallies in Ekiti. When Segun Oni came into office, the running of the state-owned Fountain Hotels, built by Fayose was ceded to them. It was run by Kayode Afolabi, a crony of Ojudu. This was aside huge contracts awarded to members of the group. The party continued under Kayode Fayemi as members though now divided by politics still reap handsomely from their labour of 2006.

This was the state of things, at least, until Fayose declared his intention to run for position of governor again in 2014. At the beginning, they derided his candidature. As he waxed strong, they too became serious knowing that they may have a problem in their hands. Then he waxed stronger and they became scared!! They reverted to their former tactics. Members again started meeting Ekiti prominent indigenes for “funds and support” to combat this “common enemy” again.

I was with a prominent lawyer in Lagos when a member of E-11 came to solicit for the lawyers support. I confronted the fellow with facts and figures and was successful in persuading the man not to release his hard earned money to those who will use it for their personal aggrandizement. I was therefore not surprised when they filed suit before an Ado-Ekiti High Court seeking an order of court to declare Fayose as not a fit and proper person to occupy the seat of governor of Ekiti State. Truth be told, the group is entitled to its own opinion. What they are not entitled to is to use their connections like they did in 2006 to scuttle the collective will of the people, using the judiciary as an instrument.

This was the way they used Aladejana in 2006. Segun Oni who was part of the plan was in office for more than three years before he was removed by the controversial Salamic judgement. Yet, with all his powers, he could not re-instate Aladejana back as judge. Fayemi will clock four years on October 15 and in those years, what has he done for Aladejana who they used and dumped like gutter water? Aladejana, a perfect gentleman is still in his house licking the pains inflicted on him by the group he so much trusted.

At this juncture, the words of Justice Odemwingie Uwaifo, a retired Justice of the Supreme Court comes to mind. He said “Unfortunately, the judiciary is already involved (in politics). Don’t let us deceive ourselves. There are a few judges that are doing well but on the whole, we have a lot to account for. The judiciary is already faulty”. When judges allowed themselves to be used as a tool for political reasons, it means they have descended into the arena and should not be expected to be covered with the immunity of office.

Ekiti have particularly suffered in this regard. The Judgement that brought Fayemi to power will always be a reference as it eventually led to the removal of the former President of the Court of Appeal, Justice Isa Ayo Salami. Now, another judge, Justice John Adeyeye has been beaten up in court premises. I join Fayose to as the National Judicial Council to investigate this matter.
From time immemorial, people have always mass around courts when there is a judicial process that involves their interest. In 1983, the people of Ondo State formed a human shield around the Supreme Court at Igbosere, Lagos on the day judgement was delivered on the governorship tussle between the late Chief Michael Adekunle Ajasin of UPN, and the late Chief Omoboriowo of NPN. No justice of the court left his hallowed chamber to address the crowd.

Between 1999 and 2013, General Ishaya Bamaiyi, Major Hamza Al- Mustapha and others faced criminal trials before various courts in Lagos. Every trial day, their supporters, including Chief Frederick Faseun of OPC always massed around court premises. No judge of the High Court of Lagos ever stepped out of his chambers to do security job of telling the crowd how to conduct themselves in court premises. Similarly, PDP chieftain, Chief Olabode George went on trial before Justice Olubunmi Oyewole of Ikeja High Court. Every trial date, his supporters invade the serenity of the court with drums, in their Aso-Ebi attire. Yet not a single judge came out to instruct these supporters on how to conduct themselves in court premises. It even got to a point that Governor Babatunde Fashola wrote an opinion on the issue as a lawyer. No judge ever questioned the rights of the people to be in the court premises.

Justice Adeyeye may therefore need to explain to the NJC how interpretation of the law, which is his job include the job of addressing the crowd in court premises which is clearly the job of security officials. This is particularly instructive as none of the cases in question was before him.

It is my hope that the E-11 will allow the will of the people to prevail. Even if Fayose is the devil himself, the voice of the people is clear. Unless they have things to hide, they should stop the intimidation of the wish of the people or be consumed by rage of the people.

About two days ago i viewed a repeat version of a political programme on Television Continental, the chairman and secretary of E-11 were guests.

Inspite of their efforts to make viewers believe they are messiahs trying to save ekiti from Fayose they only end up exposing themselves.

Its a shame that some elements are attempting to subvert the will of the people under the guise of rule of law.

op and the commenter before should understand that in law emotioms are not welcome.everything is based on facts,all the wordings of the article are opinion of particular individual.from my evaluation of the argument of the writer in favour of fayose based on my knowledge of law and logic,it is what is called argumantum populum that is appealing to emotion rather than facts.
The people may have voted fayose,but the question should be,according to the provision of the constition of nigeria which is supreme..is he eligible to contest?
Op and the pdp sympathisers may come up with stories which may be true..but does those views erase the fact that fayose candidature is in negation of the provision of the constitution.even the man oshokomole knows this thats why he is playing the thugs antics to disrupt the court from sitting..i feel for him as an omoluabi who loves all sons of yoruba irrespective of party affliation..but the law? Kinni kashe tofin oba si

Nawao so this judge was assaulted outside the court premises and he wasn't even presiding over the case...quite revealing

''the supremacy of the will of the people is sometimes subject to debate but the fact that the law is above every one is an incontrovertivible postulation'' even if amosquitoe brings a case before an honourable judge and he gets its fact right,whether the other party is as big as nigeria and china combined,mosquitoe alias efon will win the case.
This is the case here all the write up of mustapha ogunsakin here to a learned should be no more than reading a story of the pathos genre meant to arouse emotion.unfortunately for pdp and fayose it is unpresentable before the court of law.

Tundeajani:
op and the commenter before should understand that in law emotioms are not welcome.everything is based on facts,all the wordings of the article are opinion of particular individual.from my evaluation of the argument of the writer in favour of fayose based on my knowledge of law and logic,it is what is called argumantum populum that is appealing to emotion rather than facts.
The people may have voted fayose,but the question should be,according to the provision of the constition of nigeria which is supreme..is he eligible to contest?
Op and the pdp sympathisers may come up with stories which may be true..but does those views erase the fact that fayose candidature is in negation of the provision of the constitution.even the man oshokomole knows this thats why he is playing the thugs antics to disrupt the court from sitting..i feel for him as an omoluabi who loves all sons of yoruba irrespective of party affliation..but the law? Kinni kashe tofin oba si

Though i am not a spokesperson for Fayose but I believed INEC cleared him to contest the election. And if he wasn't qualified as claimed by E-11, he should have been stopped via the necessary legal action before the election not after the people gave him their mandate.

Timehin:


Though i am not a spokesperson for Fayose but I believed INEC cleared him to contest the election. And if he wasn't qualified as claimed by E-11, he should have been stopped via the necessary legal action before the election not after the people gave him their mandate.

my brother you are still speaking with enotion.everyone knows inec is only claiming to be independent.they are protective of the pdp.moreover their is no time limit for you to bring a case before a court.e-11 are on the track of the law which is supreme...hate them or like them.that is a fact.

Timehin:


Though i am not a spokesperson for Fayose but I believed INEC cleared him to contest the election. And if he wasn't qualified as claimed by E-11, he should have been stopped via the necessary legal action before the election not after the people gave him their mandate.

get thisfact right.the law is greater than the people. simple.

Tundeajani:
my brother you are still speaking with enotion.everyone knows inec is only claiming to be independent.they are protective of the pdp.moreover their is no time limit for you to bring a case before a court.e-11 are on the track of the law which is supreme...hate them or like them.that is a fact.

I am not disputing the supremacy of law nor espousing lawlessness but in a situation where there is no precedent of the present situation don't you think a political solution will be applied? Remember the 'doctrine of necessity'?

Timehin:


I am not disputing the supremacy of law nor espousing lawlessness but in a situation where there is no precedent of the present situation don't you think a political solution will be applied? Remember the 'doctrine of necessity'?

reason being it has never hapened this way before abi..but that is still not an excuse,,because it is spelled out in full in the constitution..their is no lacuna at al in that sectionl hence doctrine of necessity is a a no no in this case.

Governor Elect Ayo Fayose must be sworn in come October 15, 2014 to avert the disaster cum revolution that will consume the Elites (Politicians and Judges inclusive) involved in trying to subvert the will of the people.

Judicial Activisms must be stopped to uphold the supremacy of the people as the ultimate source of Democratic Power.

Every attempt to subvert Democracy by the Military or Judicial Political Activists masquerading as Magistrates and Judges must be stopped and forced to abide by the law rather than being Law themselves.

2014-2006= 8


The law states a minimum of 10 years after for those who have been indicted or impeached as he was.


Fayose can contest again in 2018.

The rule of law overtakes the will of majority.

Tundeajani:
reason being it has never hapened this way before abi..but that is still not an excuse,,because it is spelled out in full in the constitution..their is no lacuna at al in that sectionl hence doctrine of necessity is a a no no in this case.

So what happens to the will of the people? Do you think Ekiti people will just sit back and allow their mandate be jettisoned

Timehin:


So what happens to the will of the people? Do you think Ekiti people will just sit back and allow their mandate be jettisoned

PDP should field him again in 2018.

Whatever some parties are trying to stir up in Ekiti,are they sure, they can contain the reactions . Democracy is not what government does for you, but what people do for themselves.

This's not about the rule of law, but the rule of some men. I wish APC goodluck with the hell, they are trying to unleash on themselves and their households.

emiye:


PDP should field him again in 2018.

I am not interested in PDP but the will of Ekiti voters.

Timehin:


I am not interested in PDP but the will of Ekiti voters.

If he is removed as governoe, ekiti people planted their good seed on a rock.

In 2007, When the rivers people voted for at governorship election, they voted omehia not amaechi,

So -called democrats just learning that the will of the people is not absolute. They cannot vote for a convicted murderer on death row and insist he must be made their leader.

Timehin:


So what happens to the will of the people? Do you think Ekiti people will just sit back and allow their mandate be jettisoned

the ekiti people are not above the law.my brother it is painful but a bitter pill that must be swallowed..i feel for fayose in advance

Ovamboland:
So -called democrats just learning that the will of the people is not absolute. They cannot vote for a convicted murderer on death row and insist he must be made their leader.

gbam.you get it spot on my man.nigeria is a civilized country not a banana republic where emotions of people is above the law

atlwireles:
Whatever some parties are trying to stir up in Ekiti,are they sure, they can contain the reactions . Democracy is not what government does for you, but what people do for themselves.

This's not about the rule of law, but the rule of some men. I wish APC goodluck with the hell, they are trying to unleash on themselves and their households.

argumentum ad hominem.all you just do now is to attack apc with malice and baseless position.the law does not operate in that direction.

[s]

Tundeajani:
argumentum ad hominem.all you just do now is to attack apc with malice and baseless position.the law does not operate in that direction.

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Timehin:


So what happens to the will of the people? Do you think Ekiti people will just sit back and allow their mandate be jettisoned

never try to incite innocent souls into voilence while you sit in the comfort of your rooming living large.instead educate them on the issue at handand pray that fayose's lawyer put up a good defence in court or come up with another formula that stop the court from sitting.simple.

Timehin:


So what happens to the will of the people? Do you think Ekiti people will just sit back and allow their mandate be jettisoned

never try to incite innocent souls into voilence while you sit in the comfort of your rooming living large.instead educate them on the issue at handand pray that fayose's lawyer put up a good defence in court or come up with another formula that stop the court from sitting.simple.fayose is a cat with nine lives and i have this little premonition that he will survive this scare...but......uhn ovt.fourteen

atlwireles:
[s][/s]

why not challenge my position instead of wasting your energy in cancelling the truth and fact...in advance i sympathize with you pdp and tan e warriors..eku ojulona ajalu nla tonbo lona..apc de takute sile funyin ede ti kosi...eku iroju

Timehin:


Though i am not a spokesperson for Fayose but I believed INEC cleared him to contest the election. And if he wasn't qualified as claimed by E-11, he should have been stopped via the necessary legal action before the election not after the people gave him their mandate.

If INEC clearance was that authentic why was Fayose perturbed to the point of ordering and supervising the beating of a judge as well as the damage done to court records. note that this didn't happen once.

Tundeajani:
why not challenge my position instead of wasting your energy in cancelling the truth and fact...in advance i sympathize with you pdp and tan e warriors..eku ojulona ajalu nla tonbo lona..apc de takute sile funyin ede ti kosi...eku iroju

The day, pretenders like you speak the truth, Nigeria will be free from self righteous mugus. I wish you and your cliq goodluck in Ekiti, you will find out what the true looks like, after you push people to their limits.

Tundeajani:
never try to incite innocent souls into voilence while you sit in the comfort of your rooming living large.instead educate them on the issue at handand pray that fayose's lawyer put up a good defence in court or come up with another formula that stop the court from sitting.simple.fayose is a cat with nine lives and i have this little premonition that he will survive this scare...but......uhn ovt.fourteen

I took an exception to your insinuation 'cos I don't believe in violence and neither will I support such acts.

But my concern is the general belief that our judicial system is compromised hence the fear of a likely "ghana must-go judgement" in the offing

atlwireles:


The day, pretenders like you speak the truth, Nigeria will be free from self righteous mugus. I wish you and your cliq goodluck in Ekiti, you will find out what the true looks like, after you push people to their limits.

Mr Atlwire, i have read reasonable post from you in the past and i hope you are still redeemable from the path of perdition you are toeing over this PDP issue please respond intelligently to Section 182.1 (i) of 1999 constitution and tell the house how Fayose can escape the provision without resorting to violence:

Disqualification. 182 -
(1) No person shall be qualified for election to the office of Governor of a State if -
(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country; or
(b) he has been elected to such office at any two previous elections; or
(c) under the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind; or
(d) he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria or a sentence of imprisonment for any offence involving dishonesty or fraud (by whatever name called) or any other offence imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal; or
(e) within a period of less than ten years before the date of election to the office of Governor of a State he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of the contravention of the code of Conduct; or
(f) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Nigeria; or
(g) being a person employed in the public service of the Federation or of any State, he has not resigned, withdrawn or retired from the employment at least thirty days to the date of the election; or
(h) he is a member of any secret society; or
(i) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law or any other law by the Federal or State Government which indictment has been accepted by the Federal or State Government; or
(j) he has presented a forged certificate to the öindependent National Electoral Commission.

Timehin:


I took an exception to your insinuation 'cos I don't believe in violence and neither will I support such acts.

But my concern is the general belief that our judicial system is compromised hence the fear of a likely "ghana must-go judgement" in the offing

belief doesnt work in the law court.you have to prove your facts beyond reasonable doubt..since the claim of the e eleven is in the constitution gadagba gadagba with no iota of lacuna at all..my brother forget ghana must go..if fayose do pass himself gan..dem go charge with treason...e sofun ko wonna ti court ofini joko ni october fourteen..aje be...i sorry for you his followers

atlwireles:


The day, pretenders like you speak the truth, Nigeria will be free from self righteous mugus. I wish you and your cliq goodluck in Ekiti, you will find out what the true looks like, after you push people to their limits.

shey na wire dey ur brain ni..cant u read and learn?

Tundeajani:
shey na wire dey ur brain ni..cant u read and learn?

Pretender, you are the only one, that needs the sawdust in your brain examined.