IT is only in the fabled Banana Republic that everybody does what they want without regards for the feelings, positions and rights of others. So as to allow for the smooth running of human societies, regulations, rules and laws are made and they must be obeyed. In modern societies, the rule of law is held supreme, otherwise, there would be societal frictions that could turn gathering of human beings to a kind of an animal kingdom.
Moreover, in democratic settings, leaders and public office holders occupy such positions at the prerogative of those who voted them to office, and are accountable to the people. Any elected leader, who feels the voters are no longer relevant, is made to experience the bitter truth of the Yoruba proverb “Ila ki i ga ju olure” ( the okro tree can’t be taller than the person who wants to harvest it, if it does, the harvester will find means of bringing it down to earth).
To say the Nigerian economy is in bad shape is an understatement. While the Federal Government is battling with poor finances, the federating states are not finding things easy. From available records, no fewer than 28 out of the 36 states in the country are having serious problems of paying workers’ salaries, not to talk about meeting other needs. While the debt profile of the FG has been put at over N19 trillion, within the last two years, the FG has raised the debt profile with over N7 trillion.
Ekiti State, which is non-oil producing, gets the second to the least allocation from the Federation Account. And apart from the famed production of a professor in every village, the state lacks industrial base and the bulk of its internaly-generated revenue is from workers’ Pay As You Earn (PAYE) taxes.
When Dr Kayode Fayemi came to office in October 2010, to ensure accountability and letting the citizens know how the finances of the state,held in trust by their leaders, are spent, he originated a bill, which he later signed into law, the Ekiti Commission of Inquiry Law 2012.
The law empowers the state governor to issue a Commission of Inquiry to look into issues which the governor feels would be for the public welfare.
To ensure that nothing hinders the work of such a commission, Section 2 paragraph 4 of the law entitled “Commission not affected by change of governor” states that “No commission issued under this Law shall lapse by reason of, or be affected by, the death, absence or removal of the governor issuing the same.”
To help augment statutory allocations and be able to execute some capital projects, Fayemi borrowed N25 billion from the nation’s Capital Market. The loan was facilitated by the Securities and Exchange Commission (SEC). Also, he took some commercial loans which his successor, Mr Ayodele Fayose, put at N31 billion. Though Fayemi has disputed the figure.
However, among the projects Fayemi said he would use the N25 billion bond for were a new Governor’s Office, a new Ojaba Market, a civic centre, a state pavilion and a new Government House. From what any visitor to the state can see, only the pavilion and the Government House were completed before Fayemi left office in October 2014. Despite the non-completion of most of the projects, Ekiti State spends N1.1 billion monthly to service the debts and that wiil continue till 2036. The money is always deducted from the monthly statutory allocation of the state in Abuja.
As if to add salt to the injury suffered by the state, the Universal Basic Education Commission (UBEC), Abuja, in 2012, suspended the state government from its activities over alleged diversion of N850 million. Since the suspension, Ekiti has been losing N1.2 bilion yearly in funds that UBEC would have been giving the State Universal Basic Education Board (SUBEB).
Since the three arms of government, namely the executive, the judiciary and the legislature, have their roles to play in the stability and growth of the society, the Ekiti State House of Assembly, on May 10, 2017, passed a resolution mandating Governor Ayodele Fayose to set up the Commission of Inquiry to look into the financial transactions of the state under Fayemi. This followed a series of invitations sent to Fayemi which he did not honour.
First invitation was issued on 10th March 2016 and to appear on Tuesday 22nd March 2016. Second invitation was issued on 30th November, 2016 and to appear on Tuesday 6th December, 2016. Third invitation was issued on 2nd February 2017 and to appear on the 7th of February, 2017.
Fourth letter which is a warrant of arrest compelling the IGP to bring the former governor before the House was issued of February 8, 2017. A reminder letter on the warrant of arrest was also issued on the 13th of April, 2017..
It is interesting to note that since the invitations by the Assembly and up until now, there is nothing legal or otherwise, restraining the lawmakers from performing their constitutional duties.
In compliance with the Assembly’s resolution, the state government, through the Deputy Governor, Dr Kolapo Olusola, on May 22, 2017, set up the Commission of Inquiry with Hon. Justice Silas Bamidele Oyewole (rtd) as the chairman. Other members of the commission are Mr Gbemiga Daramola, Mrs Bola Wale-Awe, Chief Magistrate Idowu Ayenimo, Mr Omodara Vincent, Mr Oladele Blessing, Mrs Adesoba Oluremi and Mr SBJ Bamise.
When Fayemi signed the law in 2012, his predecessor in office, Chief Segun Oni, said he was ready to appear before any commission. When the Fayemi administration delayed in setting up the expected commission, Oni even threatened to go and swear to an affidavit to compel Fayemi to probe him.
In Osun State, Governor Rauf Aregbesola also set up such a commission to probe his predecessor, Prince Olagunsoye Oyinlola. The latter willingly appeared before the panel and gave his own side of the story. Politics, being such an unpredictable venture, Aregbesola and Oyinlola are now chieftains of the All Progressives Congress (APC), so are Fayemi and Oni.
While the Justice Oyewole Panel has started its work, Fayemi is yet to appear before it despite the fact that no court order or injunction has been secured to stop the commission from doing its work. The much-touted intention of Fayemi to stop the commission has not seen any case from him being assigned to any judge or listed for hearing.
Is Fayemi not toying with being charged with contempt by the commission by refusing to appear before it?
Section 15 of the Ekiti Commission of Inquiry Law Cap 10 of 2012 states, “The following shall be deemed to be an act of contempt within the meaning of this law:
-any act of disrespect and any insult or threat offered to the commissioners or any of them while sitting in commission;
-any act of disrespect and any insult or threat offered to a commissioner at any other time and place on account of his proceedings in his capacity as a commissioner.”
To ensure that the law is not a toothless bulldog, it also has powers to issue summons to witnesses courtesy Section 8 of the law.
It also has powers to issue Warrant of Arrest on recalcitrant witnesses, is Fayemi waiting to be dragged before the panel?
- Wahab is a media aide to the Ekiti State Governor and wrote in via Adesinawahab@yahoo.co.uk
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