That judicial indictment of Fayemi…

“As a serving Minister in an administration that is fighting corruption, Dr. Fayemi has a duty to respond to his indictment by the judicial commission of enquiry which probed the finances of Ekiti State under his watch. He cannot afford to ignore the findings of the panel. Since Dr. Fayemi chose not to appear before the judicial panel, he has to explain his own side of the story to Ekiti people. This is in line with the principle of public accountability enshrined in the Freedom of Information Law and Fiscal Responsibility Law enacted by the Fayemi Administration” – Femi Falana (SAN).

IF there is one “enemy” that Gov Peter Ayodele Fayose of Ekiti State has, he is Barrister Patrick Femi Falana (SAN). Fayose can do nothing right in the eyes of Falana or “FF” as we his friends and Comrades fondly call him. While I do not know the genesis of the no-love-lost relationship between the two, I can say that the spat is mutual and its taproot runs very deep into the soil. Falana has been a constant and unrelenting critic and the thorn in Fayose’s flesh, while a mere positive mention of the name “Femi Falana” is taboo in Fayose’s circle. Therefore, the statement above credited to Falana, critical as it is of Dr Kayode Fayemi, ex-governor of Ekiti State and sitting Minister of the Federal Republic, could not have been meant to do Fayose any favour but must be appropriately interpreted in other directions.

One: It could mean the vintage Falana as a conscionable Nigerian, activist, and social crusader who will not tolerate malfeasance, regardless whose ox is gored. Two: A true Ekiti son who is miffed by the alleged looting of Ekiti treasury. Three: As someone who has publicly and repeatedly supported the so-called anti-corruption war of the Muhammadu Buhari administration as well as spoken out against its shortcomings, Falana must be careful to be seen as someone not condoning corruption, even when it is traceable to the home turf or close to the closets of political associates. Concerning the last point I must make it clear that I would not know if Fayemi and Falana are political associates or whether, in the undercurrents of the tussle for the APC flag in the forthcoming July 14, 2018, Ekiti governorship election, Falana supports or opposes Fayemi, who is rumoured as the favoured and anointed candidate of Abuja, against the likes of Segun Oni, Babafemi Ojudu, Opeyemi Bamidele, among others. Were Falana and Fayemi to be on the same page, then, the quotes above can be interpreted as an act of courage and a stand that is principled. It can, conversely, be seen as a nudge on a pal not to be lethargic about what can do him incalculable damage. Whichever way we interpret Falana’s quote, the onus lies on Fayemi to undo the Gordian knot woven around his neck like an albatross by Fayose; otherwise, he will have to bear the ignominy and suffer the pains.

The premises laid by Falana, a brilliant lawyer for that matter, are weighty and they effectively put handcuffs on Fayemi’s hands! Falana described Fayemi as a Minister in a government waging an anti-corruption war. Therefore, it will be an anathema/contradiction in terms for Fayemi to be corrupt. The anti-corruption war itself would become laughable if a person indicted for corruption continues to occupy a strategic position like Fayemi’s. Falana said it is Fayemi’s “duty” to respond to the findings of the judicial commission of enquiry. That duty Fayemi placed upon himself as governor of Ekiti State when he swore to defend the Constitution, which forbids anyone to steal or waste public funds. He repeated a similar oath as Minister. Since he has now been adjudged culpable by a judicial commission of enquiry; that he carried out this sacred duty has been called to question. With penalties already laid out for this failure, Fayemi must come clean or serve the penalties. Can he challenge the findings of the judicial panel and the White Paper in a court of competent jurisdiction? Can he get them upturned? We wait to see. The further implication of Falana’s statement is a direct query whether we can trust a man who reportedly failed to perform his duty or be alive to his oath of office as governor to do so as Minister of the Federal Republic or in other positions. Falana, thus, queries the suitability of Fayemi for the office he currently holds and warns us to the probability that same thing that happened in Ekiti may again happen under Fayemi’s current or future watch.  Except Fayemi clears himself, we will be right to cast suspicious glances in his direction again and again. Falana as an eminent lawyer must have taken notice of the fact that the panel that indicted Fayemi is judicial and not administrative. No lawyer treats the pronouncements of a court/panel of competent jurisdiction lightly. Falana must also be aware of the implications and likely consequences of the judicial indictment on Fayemi now and or in the future; hence the warning that he should not leave the fire on his rooftop and go to bed.

Perhaps, the most germane part of Falana’s statement is where he said “since Fayemi chose not to appear before the judicial panel”; meaning Fayemi had the opportunity to state his own side of the story but elected not to. Did he doubt he would get a fair hearing? Was his life in danger going near the tribunal venue? Proving is believing! He was not denied the opportunity to defend himself. When a man is denied fair trial; when the opportunity for self-defence is denied, he can kick. Falana now tells Fayemi that if he thinks he can ignore what has been done or continue to play the ostrich, he lives in a fool’s paradise. The defence he ran away from giving the other time, he will have to give now or later, whether he likes it or not. This is a case where a stitch in time would have saved nine, abi Femi? Our people speak of the proverbial sick person that was asked to say “to” to recover his health but who insisted he would not say “to to to.” Who knows whether push would not have become shoving had Fayemi honoured the invitation of the Ekiti State House of Assembly to offer explanations on issues that a judicial panel was eventually set up to unravel? Humility covers a multitude of sins; pride and arrogance exhume them!

In all of this, the bottom line for Falana now is Ekiti, hence he insists Fayemi will have to explain his own side of the story to “Ekiti people.” There is no running away from “Ekiti kete” or “Kete Ekiti,” whether you be Minister or governor. Like that rhyme, “wherever you go, whatever you be,” you must account to the people who are the sovereign. Finally, Falana’s clincher is that the law that was used by Fayose to investigate Fayemi was enacted by Fayemi himself while he was governor. Were it a brand new law enacted by Fayose, we would have said the incumbent governor was on a witch-hunt and had set booby-traps in the legislation to catch Fayemi willy-nilly; but Fayemi’s administration enacted the law and Fayemi himself signed it into law. So, why was Fayemi running away from the law he himself had made? Did he make the law for cows and herdsmen? Same Fayemi probed and indicted his predecessor, Segun Oni. So why was he against being probed? This, then, is why our people advise that when you are digging a pit for others, take care that it is not too deep in case you end up in it yourself. This is wisdom not available to biblical Haman and he ended up on the gallows he had made for Mordecai.

On this issue, Falana has spoken and Fayemi must yield. Even Fayose couldn’t have been more eloquent.  Immediately at risk is Fayemi’s rumoured ambition to contest the July 14, 2018, Ekiti governorship elections. Having been banned from holding any public office in Ekiti for 10 years by the Government White Paper, spanners have already been thrown in the works for Fayemi. How he wriggles out remains to be seen. Many who will pray against his success are members of his own party. Grapevine sources have it that before latest developments, the Presidency had set up high-powered committees made up of governors, Ministers, and parastatal heads to garner a huge war chest and draw up an action plan to take out “troublesome” Fayose and railroad Fayemi back into office. If Fayemi gets out of the way, fortunes may smile on the likes of Segun Oni or Babafemi Ojudu. APC is also said to be wooing disgruntled PDP elements such as Dayo Adeyeye and Senator Biodun Olujimi. One man’s grief is another’s celebration. If Fayemi falters at this hurdle, however, his pains would have been largely self-inflicted. I once canvassed the idea immediately after his ouster in 2014 that Fayemi would return to Ekiti for second term – and was not ashamed to say so publicly in this column but with a caveat – that he uses the opportunity as Minister to help his Ekiti people in particular and the South-West in general. I wait to scrutinise the Honourable Minister’s report card in that respect.

LAST WORD: Have you heard the news? EFCC said they could not continue with the corruption trial of ex-Gov Uzor Kalu because their “star witness” in the case has vamoosed into thin air! Kalu, since he defected to the ruling APC, has hugged the limelight with top APC chieftains; he shows no traces of someone undergoing any trial at all. He sits on front rows with APC chairman John Oyegun-Odigie et al. His corruption trial has dramatically slowed down and now that star witness is unavailable. Who does not know the next line of action? Case will be adjourned sine die or be thrown out for lack of diligent prosecution. War against corruption, indeed! Who was the artiste who sang “Who is fooling who/Are you fooling me/Or I am fooling you?” We have been fooled enough that we are not fooled again!