Judicial workers’ strike stalls Ekiti Speaker’s case

Akin Kuponiyi

Due to the ongoing judicial workers strike the case instituted by the embattled speaker of Ekiti State House of Assembly, Dr Adewale Omirin and 18 other lawmakers of the state that was supposed to be heard today could not go on as the Federal High Court in Lagos, Southwest Nigeria was under lock and key.

The fate of the Speaker would only be determined when the court reopens and a new date is fixed for hearing.

The embattled Speaker of Ekiti alongside 18 lawmakers of the State House of Assembly had filed a suit before a Federal High Court in Lagos, Southwest Nigeria urging the court to order the Inspector General of Police to arrest and prosecute the seven factional members of the assembly and try them for acts of treasonable felony.

In an affidavit in support of the originating summon sworn to by Omirin and filed before the court by two Senior Advocates of Nigeria Messers Norrison Quikers and Moyosore Onigbanjo, Omirin averred that the Ekiti State House of Assembly is composed of 26 elected members and prior to the swearing of Ayodele Fayose as the governor of Ekiti state, Samuel Ajibola was the only representative in the House of Assembly who was sponsored into the house by the Peoples Democratic Party (PDP).

However, upon the swearing-in Fayose, six members of the house Dele Olugbemi, Adeojo Alexander, Adeloye Adeyinka, Isreal Olowo Ajiboye, Fatunbi Olajide, Olayinka Abeni, who had been sponsored into the Ekiti State House of Assembly by All Progressives congress Party (APC) defected to PDP.

Subsequently, the governor started hounding, intimidating, harassing and mounting pressure on the other 19 members to also defect to the PDP and before he was sworn-in as governor, in bid to frustrate the course of justice.

Omirin further stated that in the early hours of 17 November 2014, heavily armed security operatives were deployed by the Department of State Services, Inspector General Police and Commissioner of Police Ekiti state with armoured personnel carriers to the premises of the Ekiti State House of Assembly with the sole purpose of ensuring that the other 19 members were denied access into the chambers of the house and thereby prevented the 19 members from carrying out and conducting their statutorily conferred and vested legislative duties and functions.

While they were held up outside the gate, the factional members were escorted into the premises of the Assembly to conduct legislative proceedings.

During the purported sitting by the factional members Owoseni Ajayi, Kayode Oso and Toyin Ojo they approved the appointment of the local government caretaker committees chairmen.

On 18 November 2014, the governor ordered the sealing up of the office of the Speaker and the withdrawal of all his rights and privileges including but not limited to cutting off the electricity from his official lodge and also his statutory votes, upkeep and protocol.

On 19 November 2014, the factional members under heavy security as done on the 17th went into the chambers of the Assembly and purportedly removed the Speaker and his deputy and in their stead appointed Dele Olugbemi and Olayinka Abeni as Speaker and Deputy Speaker respectively.

Due to the harassment and threat to their lives and the attitude and action of the governor their recourse to justice in the court of law in Ekiti state would be frustrated.

In view of these scenario the 19 lawmakers are seeking twenty two declarative relief from the court such as a declaration that the seven factional members having conspired to take control of the Ekiti State house Assembly being a part of Government of Nigeria in contravention of the provisions of section 1(2) of the constitution and section 41(c)of th criminal Code have committed treasonable felony.

An order of the court directing Inspector General Police/Commissioner of Police to arrest and to prosecute the factional seven lawmaker for act of reasonable felony.

A declaration that the seven lawmakers being seven members of Ekiti state house of assembly cannot validly sit at the Ekiti State House of Assembly and conduct its proceedings in accordance with section 96(1) of the constitution and bearing in mind that one of the seven members purportedly sat as the Speaker or presiding member who shall only cast a vote whenever necessary to avoid an equality of votes but shall not vote in any other case as provided for and set out in section 98 (1) of the constitution.

An order declaring all action carried out by them especially as pertaining to Dele Olugbemi and Olayinka Abeni purportedly holding the office of Speaker and Deputy Speaker respectively as illegal, null void and of no effect.

An order restraining Owoseni Ajayi, Kayode Oso and Toyin Ojo from parading or holding themselves out as holders of respective offices which the factional lawmakers confirmed, having not being duly appointed by the Ekiti State House of Assembly in accordance with provision of the constitution.

The 7 factional lawmakers through their counsel Mr Dele Adesina SAN have filed notice of preliminary objection to the suit.