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| Femi Falana |
Mr. Femi Falana, a Senior Advocate of Nigeria, speaks on the crisis rocking his state, Ekiti, and what to expect from the regime of the governor -elect of the state, Mr. Ayo Fayose
How would you describe what is happening in Ekiti, your home state now?
It is rather tragic although I was not taken aback. In my reaction to Ayo Fayose’s electoral victory in the governorship election, I did say that the Ekiti people had gone back to Egypt. The barbaric attacks on judges at Ado Ekiti last week have confirmed that the people have been taken to the wilderness.
Is Ekiti still the fountain of knowledge as being claimed?
It is ahead of other states in terms of literacy rate. For instance, while over 70 per cent of the children of school age in the North-East region are out of school, Ekiti State has barely two per cent. That figure of two per cent is the lowest in the country.
Some people would describe the state as a fountain of anarchy now…
That will not be correct. The masses of the people are generally peaceful. But a faction of the political class is utterly violent and lawless. Since we operate in an atmosphere of complete impunity, the few who engage in criminality are never brought to book. The crisis of the rule of law in the state has been compounded by the active involvement of the police in violence. Ekiti State is not a fountain of anarchy. But the relative serenity in the place is going to give way to anarchy, once again, at the instance of the incoming regime. Generally, it is a peaceful state.
Even with what is happening in the state?
On both occasions that the symbol of justice was recently attacked in Ekiti the armed thugs were not more than a handful. But the police deliberately refused to disperse them. Since they carried out the sacrilegious attack on judges in broad daylight, the thugs are well known. But the criminal suspects are likely to be granted amnesty by the ruling party.
Who will you blame for the attack on the judges?
Primarily, the police ought to be held responsible for the assault on judges. Because of the political tension in the state, the compound which hosts several magistrate courts and the High Court of Ekiti State, the Federal High Court and the Court of Appeal was well secured. But in a premeditated attack on the High Court on September 23, the police flung open the gate for the armed thugs. That was when Justice Olusegun Ogunremi was chased out of the temple of justice. Assuming the detachment of the police in the precincts of the High Court was caught unawares on September 23, why were the thugs led by the governor-elect, Ayo Fayose, granted access to the High Court on September 26 to wreak havoc?
Why did you say so?
There is no country where crimes are not committed. But whenever there is rule of law, criminal suspects are arrested and prosecuted. However, where the rule of law is non-existent or very weak, criminals are granted amnesty or immunity on the orders of the government. That is what is playing out in Ekiti State. The Senate President, General David Mark, has already announced amnesty for the mastermind of the violence. On its own part, the Federal Government has refused to condemn the perpetrators of the violent attack on judges.
Some say it is because of the second term ambition of President Goodluck Jonathan that the violence was not contained by the police. Do you agree?
I do not agree. Our country is undergoing a major crisis in the area of law enforcement. Every criminal action is politicised. When a judge is assaulted by thugs, it is viewed as a clash between APC and PDP. When a pastor’s jet is used to smuggle money to another country, those who condemn the crime are portrayed as enemies of Christianity. What has the second term ambition of President Jonathan got to do with the desecration of the temple of justice? It is so sad that impunity has been internalised even by lawyers. All kinds of jejune rationalisations are adduced to justify the mockery of the independence and impartiality of the judiciary. The other day a high court was bombed in Port Harcourt, Rivers state. Shortly thereafter, the wife of a Supreme Court Justice was kidnapped. A high court judge in Delta state had his right hand fingers chopped off by kidnappers. Mike Ozekhome (SAN) and Kayode Ajulo were kidnapped. Two lawyers were assassinated in Warri last year. A serving attorney-general and close to 10 lawyers have been mowed down in Borno state.
Can you defend the case filed against the eligibility of Fayose?
Having regard to the facts and circumstances of the case it is indubitably clear that Fayose was not properly advised. In any society where there is rule of law no one is allowed to resort to violence to settle disputes that are pending in court. In the entire continent of Africa it was only in the dark days of Uganda under the brutal dictator, President Idi Amin Dada, that judges were subjected to physical attacks. Under the defunct military junta in Nigeria judges were never assaulted. In this case, Fayose took a risk by not filing a defence to the case challenging his eligibility. The trial judge had only ruled on his jurisdiction to hear the substantive suit. Within the period that the judge stood down the matter, Fayose’s lawyers could have filed a Notice of Appeal and a motion for stay of proceedings.
Why, in your own opinion, did thugs suspected to be supporters of Fayose disrupt the proceedings in the court where the judge was going to rule on his eligibility to run or not?
After the election of Governor Adams Oshiomole, the PDP candidate pursued the issue of his eligibility up to the Supreme Court. The eligibility of Governor Gabriel Suswan was challenged by the former All Nigeria Peoples Party up to the Supreme Court. So the E-11’s case on the eligibility of Fayose is in order under the Electoral Act and the constitution.
Is this case not belated?
It is not belated. Under the law, even a sitting governor can be challenged. Some guys have just filed a suit challenging the eligibility of President Jonathan. If the President of the republic can be dragged to court, how can a governor-elect be heard to say that he cannot be sued? Even if Justice Ogunyemi had ruled against Fayose, he could have appealed to the Court of Appeal and the Supreme Court. Mind you, Governor Kayode Fayemi gave a concession speech after the election. On that score, he is not a party to either of the two cases pending in the courts. Before the latest crisis, he was already on farewell tour of the state. Therefore, the stage was set for Fayose’s inauguration. With respect, the incendiary statement credited to the Senate President, General David Mark, that the inauguration of Fayose could not be stopped was totally uncalled for because up till now, no one has justified his resort to violence in the circumstance.
Who are the members of E-11 and what do they actually want?
I am not a member of E-11 but it is a socio-cultural group in Ekiti State, a concerned non-governmental organisation of the elite with members drawn from all the political parties. Under the Electoral Act, any group of citizens or individuals has the locus standi to challenge the eligibility of any candidate who wants to contest any election. That is the basis of the action of E-11.
Who do you hold responsible for the killing of the former boss of NURTW in the state and what do they want to achieve?
The killing is sad, ditto for the burning of houses and properties. It has exposed Ekiti people to ridicule. Having regard to the involvement of the deceased in the crisis of the NURTW and politics in the state, I cannot point accusing fingers at any particular direction. The police have a duty to ensure that those who murdered Mr. Omolafe Aderiye are brought to book. I am sure that the killers will be fished out because the police and the SSS know all the killers in Ekiti State. Those who engaged in arson should also be prosecuted.
How would you describe Fayose?
Mr. Ayo Fayose is an interesting character. He is a wonderful mobiliser of the mob. But he does not know when to call his violence-prone supporters to order. He has scant regard for the rule of law. In spite of my criticism of his violent disposition and tendencies he appreciates my position. He has even invited me to his inauguration.
He claimed to have become a changed person during his campaign…
The statement credited to him that he has changed is an admission that he was involved in violent activities in the past.
While in power from 2003 to 2006, he was alleged to be linked with politically motivated killings. I complained to the police and the State Security Service. The police charged Fayose with the murder of Mr. Tunde Omojola. He challenged the warrant for his arrest at the Court of Appeal. He lost but he has taken the battle to the Supreme Court. He is currently being prosecuted for corruption and money laundering by the Economic and Financial Crimes Commission at the Federal High Court, Ado Ekiti. Notwithstanding that the sword of Damocles is hanging on his head, Fayose was lucky to have been elected. But he should not take his luck too far.
Would you say, with his election, that the people of Ekiti have made a right or wrong decision?
The Ekiti people are perfectly entitled to elect whoever they like to govern them. That is what bourgeois democracy is all about. Up till now, the world is still paying for the decision of the American people to elect George Bush Jr. I believe that the wishes of the Ekiti electorate should be respected. However, Fayose owes himself a duty to turn away from violence because no leader can govern in an atmosphere of anarchy and chaos. He has to embrace the rule of law.
What do we expect in the four years that Fayose is going to be governor of Ekiti?
It is crystal clear that the people have been taken back to the era of state-sponsored terrorism. Already, rival drivers unions, urchins and ‘lumpen’ elements are unleashing mayhem on innocent people including judges and judiciary workers. Fayose should be advised not to frustrate his own inauguration. With the ongoing political crisis, some development agencies have decided to pull out of the state. I know industrialists who have decided to relocate to neighboring states. I have some friends who have resolved to go on exile from Ekiti State for the next four years. The exodus of business and the elite will have adverse effect on the fragile economy of the state because no investor takes funds to any place where the rule of law is in abeyance. I hope Fayose will genuinely jettison violence in the interest of law and order in Ekiti State.
Source: PUNCH.
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