The law governing the impeachment of a Governor and a Deputy Governor in Nigeria is provided for in Section 188 of the 1999 Constitution of the Federal Republic of Nigeria. The said Section 188 set out the conditions precedent to the impeachment of a Governor or Deputy Governor of any State in Nigeria.
Under Section 188 a Governor or Deputy Governor can only be impeached by the State House of Assembly on the ground of gross misconduct after an allegation of gross misconduct has been made against such a Governor or Deputy Governor and the allegation was thereafter investigated by an Investigative Panel appointed by the Chief Judge of the State under Section 188 (5).
When I was with the law firm of Awomolo,Otaru & Associates - a former partnership of the duo of Chief Adegboyega Awomolo, SAN and Mr. Roland Otaru,SAN, wherein the former was the principal partner and the latter was the managing partner- the firm was briefed by Ekiti State House of Assembly to lead a team of lawyers representing the House before the Investigative Panel appointed by the then Chief Judge to investigate the allegations of acts of gross misconduct against the former Executive Governor of Ekiti State, Dr. Peter Ayodele Fayose
and his Deputy.
The said team was led by
Mr. Roland Otaru,SAN and with the learned SAN were Gboyega Oyewole (former Attorney General and Commissioner for Justice Ekiti State), Tayo Aluko (Afe Babalola & Co), Akintude Esan (
Awomolo,Otaru & Associates
).
Below is the said Investigative Panel Reports upon which the Governor and his Deputy Governor were impeached by the Ekiti State House of Assembly.
REPORT OF THE INVESTIGATIVE PANEL INTO ALLEGATIONS OF GROSS MISCONDUCT AGAINST HIS EXCELLENCY, THE EXECUTIVE GOVERNOR OF EKITI STATE, DR. PETER AYODELE FAYOSE AND HIS DEPUTY CHIEF (MRS.) BIODUN OLUJIMI.
INTRODUCTION
The Ekiti State House of Assembly in accordance with section 188 (5) of 1999 Constitution of Federal Republic of Nigeria requested the Honourable Chief Judge of Ekiti State vide a letter dated the 26th September, 2006 to set up a Seven (7) man panel to investigate allegations of gross misconduct against the Executive Governor of Ekiti State Dr. Peter Ayodele Fayose (hereinafter referred to as the Governor) and his deputy, Chief (Mrs.) Biodun Olujimi (hereinafter referred to as the Deputy Governor).
The Chief Judge of Ekiti State in accordance with relevant provisions of the same 1999 Constitution inaugurated the Seven (7) man panel on the 10th of October, 2006. The names of the Seven-man Panel are as follows.
1. Mr. Remi Bamigboye - Chairman
2. Mr. Alli Apanisile - Member
3. Mr. Sesan Adesuyi - Member
4. Rev. Segun Da-Silva - Member
5. Chief Olu Alade - Member
6. Pastor Solomon Ajisafe Omoniyi - Member
7. Mrs. Olufunmilayo Olukogbon - Member
All the members of the panel were sworn in on the 10th of October, 2006 at the High Court premises, Ado – Ekiti.
OBSERVATION
Immediately after the swearing in ceremony, the Panel sat at the High Court number 2 at Ado Ekiti. The Panel made its inaugural sitting with the counsel representing the Governor in attendance. It should be noted that neither the Ekiti State House of Assembly nor its counsel made any appearance before the Panel on the 10th of October, 2006. The Panel thereafter adjourned its sitting till 12th of October, 2006 by 9.00am to enable the Ekiti State House of Assembly to present its case against the Governor and His Deputy.
Meanwhile, the Panel wrote a letter to the Speaker to enable the Ekiti State House of Assembly, being the petitioner appears before the Panel today, the 12th of October, 2006.
The Panel states that the Chief Judge of Ekiti State has obliged the Panel a copy of allegation as contained in the notice of impeachment against the Governor and his Deputy.
The chairman called on the Ekiti State House of Assembly to open its case. The Panel observed that neither Ekiti State House of Assembly nor its legal representatives were present. The Panel thereafter adjourned till 01:00pm to deliver its report.
REPORT
The conclusions of the Panel is that having regard to Section 36 of the 1999 Constitution of the Federal Republic of Nigeria and the sensitive nature of the allegations against the Governor and his Deputy, and failure of the Ekiti State House of Assembly to appear before the Panel, the Panel concluded that all the allegations of gross misconduct against the Governor and his Deputy as contained in the notice of impeachment dated 26th of September, 2006 are deemed abandoned by the Ekiti State House of Assembly.
It is trite that, he who alleges must prove beyond reasonable doubt in criminal allegation as it is in this case. The allegations are therefore unsubstantiated, gold digging and therefore failed in its entirety. This Panel hereby absolves the Governor and his deputy of all the allegations contained in the notice of impeachment.
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REPORT OF THE INVESTIGATION PANEL OF SEVEN PERSONS APPOINTED BY HONOURABLE JUSTICE JUBRILL B.K. ALADEJANA ON THE ALLEGATIONS OF ACTS OF GROSS MISCOUNDUCT LEVELED AGAINST THE EXECUTIVE GOVERNOR OF EKITI STATE. DR. AYODELE FAYOSE DATED 16TH DAY OF OCTOBER 2006
Report of the Report of the investigation panel of seven persons appointed by Honourable Justice Jubrill B.K. Aladejana on the allegations of acts of gross misconduct leveled against the Executive Governor of Ekiti State - Dr. Ayodele Fayose.
Introduction: Pursuant to section 188 (5) of the 1999 Constitution of the Federal Republic of Nigeria, this panel of seven persons was set up by Honourable Justice Jubril B.K. Aladejana on Friday, 13th October 2006.
The seven persons are:
1. Mr. Emmanuel Bamidele Omotoso Chairman
2. Deacon Olajubu Solomon Owoeye Member
3. Eng. Ismail Olowolafe Dayisi Member
4. Mr. Kayode Failani Member
5. Pastor (Mrs) Funmi Adeniyi Member
6. Rev. Father Anthony Oluwole Ijasan Member
7. Major J. O. Odusina (Rtd) Member
Venue: Ekiti State House of Assembly Complex Ado-Ekiti
Rules of procedure: Pursuant to section 188, subsection 7(a) of the constitution of the Federal Republic of Nigeria, 1999 the Ekiti State House of Assembly prescribed the Rules of procedure which are 23 in number, hereinafter referred to as "the Rules".
This panel in compliance with section 188 (7) (a) of the 1999 constitution of the Federal Republic of Nigeria 1999 exercised its powers and functions in accordance with the Rules.
Notices: Notices of sittings duly signed by the Chairman of the Panel were dispatched to all the parties concerned viz:-
(i) The Speaker of the House,
(ii) The Executive Governor of Ekiti State – Dr. Peter Ayodele Fayose and
(iii) The Deputy Governor of Ekiti State – Chief (Mrs.) Abiodun Olujimi.
Commencement of sittings: Relying on rule 4 of the Rules, the Panel commenced its sitting on 13th October, 2006 at 10.30a.m.
Attendance: The legal Representatives of the House of Assembly and Deputy of Governor of Ekiti State Rowland Otaru, SAN, with Gboyega Oyewole, Tayo Aluko, Akintude Esan, and Joseph Omodele Adewumi Esquire respectively.
Absent: The Executive Governor of Ekiti State, Dr. Peter Ayodele Fayose and his legal representative were absent.
Witnesses: Ekiti State House of Assembly called three witnesses and closed its case. The witnesses were viz:-
(a) M.P. Ogele, Esquire, a private legal practitioner and National Coordinator of Ekiti State Equity, Justice and Peace Movement.
(b) Abubakar Aliyu Madaki, Deputy Superintendent of Police attached to Economic and Financial Crimes commission. (EFCC).
(c) Mr. Gbenga James, Managing Director, Biological Concepts Limited, Afao-Ekiti, Ekiti State and Avian Specialties Nigeria Limited, a close friend of Dr. Ayodele Fayose.
These witnesses were cross-examined by the legal representative of Her Excellency, Chief (Mrs.) Abiodun Olujimi.
The Executive Governor – Dr. Peter Ayodele Fayose and his witnesses failed to appear before the panel but forwarded his response to the 7 allegations of gross misconduct against him. The Deputy Gov., Chief (Mrs) Abiodun Olujimi called no witness. Her legal representative rested her case on the House of Assembly.
Addresses: Learned counsel to the Deputy Governor Joseph Omodele Adewumi Esquire addressed the panel followed by learned counsel to the House of Assembly, Rowland Otaru, SAN, with Gboyega Oyewole, Tayo Aluko and Akintunde Esan.
Close of proceedings: After the addresses of the aforesaid learned counsel, the proceedings of the panel was declared closed on 14th day of October, 2006, when it became obvious that the Governor of Ekiti State – Dr. Peter Ayodele Fayose would not attend the panel sittings.
Report:
Dr. Peter Ayodele Fayose, The Executive Governor of Ekiti State.
After careful consideration of the evidence of the witnesses for the Ekiti State House of Assembly which was unchallenged by the Executive Governor, the panel hereby reports thus:-
Allegation One:
Illegal Operation of Foreign Accounts contrary to paragraph 3 of the Code of Conduct for public officers to wit.
Operation of foreign account with the Bank of Africa, United State of America with VISA CREDIT NO 45397806 and 28083056 valid until August, 2007, contrary to the provisions of paragraph 3 of the Code of conduct for Public Officers.
Evidence: Olatunji Adegoke, Personal Assistant to the Executive Governor, Dr. Peter Ayodele Fayose in whose custody the credit card No. 45397806 was found made confessional written statement to the Economic and Financial Crime Commission on 24th day of July 2006 to the effect that the aforesaid credit card belonged to Dr. Peter Ayodele Fayose. The statement was tendered in evidence by EFCC representative. A copy of the Visa credit of the Bank of America U.S.A. valid until August 28 with the signature of the Executive Governor, Dr. Peter Ayodele Fayose, was also received in evidence. The evidence was unchallenged.
Verdict: Guilty
Allegation Two:
Illegal Operation of Foreign Account Contrary to paragraph 3 of the Code of Conduct for Public Officers to wit:
Operation of Foreign accounts Nos: 50633925, 60642924 and 808909594 kept with Barclays Bank Plc. 38, Hans Crescent Knightsbridge, London, SWL XOLZ contrary to paragraph 3 of the Code of Conduct for public officers.
Evidence: The EFCC tendered a copy of the Premier Bank Account of Barclays Bank Plc, 38 Hans Crescent Knightsbridge, London with account No 50633925 and Account Name Mr. Ayodele Fayose and same was received in evidence. This evidence was unchallenged.
Verdict: Guilty
Allegation Three:
Illegal diversion of Local Government Funds contrary to Section 162 of the Constitution of the Federal Republic of Nigeria 1999.
Diversion from the Ekiti State Joint Local Government Account the sum of N11.7 Billion received from the Federation Account from January 2004 to June 2006.
Evidence:
There are overwhelming evidence to the effect that various sums of money from the Ekiti State Joint Local Government Account were diverted to illegal quarters. The evidence were uncontroverted.
Verdict: Guilty
Allegation Four
Receipt of illegal gifts contrary to paragraph 6 of the Code of Conduct to wit:
Receipt of the sum of ₤37,000.00 (Thirty Seven Thousand Pounds sterling only) from the Biological Concepts Ltd. Knowing it to be the proceeds of the Poultry Project embarked upon by the State Government.
Evidence:
Mr. Gbenga James, The Managing Director of Biological Concepts Ltd. Gave evidence before the Panel that out of the money for the Integrated Poultry Project he gave ₤37,000 (Thirty Seven Thousand Pounds sterling) to Adegoke Olatunji the Personal Assistant to the Executive Governor, Dr. Peter Ayodele Fayose on the instruction of the Executive Governor.
Verdict: Guilty
Allegation Five:
Receipt of the illegal gift contrary to paragraph 6 of the Code of Conduct to wit:-
Receipt of a house lying and being at 10 Kobiowu Crescent, Iyaganku, GRA, Ibadan Oyo State valued at over N40 million built from the proceeds of the poultry project.
Evidence:
Evidence was led by the prosecution to show that there was an agreement between Mr. Gbenga James, the Managing Director of both Biological Concepts Ltd. and Avian Specialties Ltd. And the Governor to build a building worth 40 million at Ibadan from the proceeds earmarked by the State Government for the poultry project.
Mr. Gbenga James gave evidence that the building drawn by Grid Associates was actually built at 10 Kobiowu Crescent, Iyaganku G.R.A. Ibadan, Oyo State valued N40 million being part of the money earmarked by the State Government for the poultry project.
The building plan of the said building was tendered through Mr. Gbenga James by the prosecution.
Various documents to corroborate this evidence were tendered and received in evidence.
Verdict: Guilty
Allegation Six
Receipt of illegal gifts of two houses contrary to paragraph 6 of the Code of Conduct to wit:-
i. Property lying and being at 23, Ring Road Restaurant Street, Behind Total Petrol Station, Iyaganku, GRA, Ibadan, Oyo State valued at about N20 million built from the proceeds of the contracts of Ekiti State Governor's Office awarded to Grid Associates headed by Abiodun Fari-Arole.
ii. Property lying and being at Are Road, Afao-Ekiti State valued at about N25 million built from the proceeds of the contracts for Fountain Hotel awarded to Grid Associates headed by Abiodun Fari-Arole.
iii.The sum of N42 Million collected from Mr. Abiodun Fari-Arole of Grid Associates through Mr. Ayobola Abiola, then of the Standard Trust Bank Plc, now with FCMB Plc, Dugbe Branch being proceeds of the contract for Fountain Hotel and Governor's Office.
Evidence:
This allegation was substantiated with unchallenged oral documentary evidence tendered by the EFCC and Mr. Gbenga James, the Managing Director of Biologicawl Concept Ltd. and Avian specialties Ltd.
Verdict: Guilty
Allegation Seven:
Illegal transfer of the sum of $100,000 to the United State of American contrary to the money laundering act 2004.
Transfer of the sum of $100,000 to the United State of America on 20th August, 2004 through Account No 45703770 of City Bank, 244, Mani Street, White Palms NY 10601 belonging to Mr. Toney Orubuloye contrary to the money laundering Act, 2004.
Evidence:
The EFCC representative gave evidence that Abiola Ayobola of Zonal Head-West First City Merchant Bank Ibadan transferred a sum of $100,000 dollars to the United States of America on 20th August 2004 through account No 45703770 of City Bank, 244, Mani Street, White Palms NY 10601 belonging to Mr. Toney Orubuloye for the benefit of His Excellency Governor Ayo Fayose and personal staff who reportedly ran out of cash in United State of America.
This evidence was unchallenged.
Verdict: Guilty.
Conclusion:
In view of the available evidence before the Panel, the Panel came to the conclusion that all the aforementioned allegations of acts of gross misconduct against the Executive Governor of Ekiti State. Dr. Peter Ayodele Fayose have been proved.
Thanks.
Yours faithfully.
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REPORT OF THE INVESTIGATION PANEL OF SEVEN PERSONS APPOINTED BY HONOURABLE JUSTICE JUBRIL B.K. ALADEJANA ON THE ALLEGATIONS OF ACTS OF GROSS MISCONDUCT LEVELEC AGAINST THE DEPUTY GOVERNOR OF EKITI STATE. CHIEF (MRS.) ABIODUN OLUJIMI. DATED 16TH DAY OF OCTOBER 2006
INTRODUCTION: Pursuant to section 188 (5) of the 1999 Constitution of the Federal Republic of Nigeria, this Panel of seven persons was set up by Honourable Justice B.K Aladejana on Friday, 13th October 2006. The seven persons are:
1. Mr. Emmanuel Bamidele Omotoso Chairman
2. Deacon Olajubu Solomon Owoeye Member
3. Eng. Ismail Olowolafe Dayisi Member
4. Mr. Kayode Filani Member
5. Pastor (Mrs) Funmi Adeniyi Member
6. Rev. Father Anthony Oluwole Ijasan Member
7. Major J.O. Odusina (Rtd) Member
VENUE: EKITI STATE HOUSE OF ASSEMBLY COMPLEX ADO EKITI
RULES OF PROCEDURE: Pursuant to section 188, subsection 7(a) of the Constitution of the Federal Republic of Nigeria, 1999 the Ekiti State House of Assembly prescribed the Rules of procedure, which are 23 in number and hereafter referred to as "the rules".
This Panel in compliance with section 188(7) (a) of the 1999 Constitution of the Federal Republic of Nigeria exercised its powers and functions in accordance with the Rules.
NOTICES: Notices of sittings duly signed by the Chairman of the Panel were dispatched to all the parties concerned viz:- The Speaker of the House, (ii) The Executive Governor of Ekiti State – Dr. Peter Ayodele Fayose and (iii) The Deputy Governor of Ekiti State – Chief (Mrs) Abiodun Olujimi.
COMMENCEMENT OF SITTINGS: Relying on rule 4 of the Rules, the Panel commenced its sittings on 13th October, 2006 at 10.30am.
ATTENDANCE: The Legal Representatives of the House of Assembly and Deputy Governor of Ekiti State Rowland Otaru S.A.N. with Gbenga Oyewole, Tayo Aluko, Akintunde Esan and Joseph Omodele Adewunmi Esquire respectively.
WITNESSES: Ekiti State House of Assembly called three witnesses and closed its case. The witnesses were viz:
(a) M.P. Ogele, Esquire, a private legal practitioner and national Coordinator of Ekiti Justice and Equity movement.
(b) Abubakar Aliyu Madaki, a deputy Superintendent of Police, attached to Economic and Financial Crimes Commission (EFCC).
(c) Mr. Gbenga James, Managing Director, Biological Concept Limited, a close friend of Dr. Ayodele Fayose.
dollars) from his secretary when she was on her way to London on the instruction of the Executive Governor, Dr. Ayodele Fayose.
However, in her response to the allegation of acts of gross misconduct, which her counsel adopted as her defense to the allegation, she stated therein that she collected the said sum for remission to Mr. Osinowo a friend of Mr. Gbenga James, for a project.
However, Mr. Tunde Osinowo in his written statement to the EFCC on 6th February, 2006 denied knowing anything about a landed property and that the Deputy Governor, Chief (Mrs.) Abiodun Olujimi never brought any Dollars to him. He denied having any land dealing with Mr. Gbenga James and Mrs. Olujimi. This evidence was unchallenged.
VERDICT: In view of the unchallenged evidence before the Panel that Chief Mrs. Abiodun Olujimi, Deputy Governor of Ekiti State received a sum of $50,000 (Fifty Thousand Dollars) from the secretary of Mr. Gbenga James, being part of the money earmarked for the Poultry Project coupled with the fear that Chief Mrs. Abiodun Olujimi failed to appear before the Panel to clarify the whereabouts of the said sum of fifty thousand dollars, this Panel has no option than to come to the conclusion and hereby come to the conclusion that Chief Mrs. Abiodun Olujimi was the beneficiary of the said sum of money. She is found GUILTY.
ALLEGATION TWO: Failure to comply with the Decree establishing the National Youth Service Corps Scheme, which mandates all holders of certificates equivalent to a bachelor's Degree to observe a one year compulsory Youth Service Programme.
EVIDENCE: The Ekiti State House of Assembly adduced no evidence before the Panel in proof of this allegation.
REPORT: As there is no evidence before the panel upon which the panel can write a report, the Panel hereby holds that this allegation is deemed abandoned by the Ekiti State House of Assembly and is hereby stuck out.
Thanks
Yours faithfully,
REPORT OF THE INVESTIGATIVE PANEL INTO ALLEGATIONS OF GROSS MISCONDUCT AGAINST HIS EXCELLENCY, THE EXECUTIVE GOVERNOR OF EKITI STATE, DR. PETER AYODELE FAYOSE AND HIS DEPUTY CHIEF (MRS.) BIODUN OLUJIMI.
INTRODUCTION
The Ekiti State House of Assembly in accordance with section 188 (5) of 1999 Constitution of Federal Republic of Nigeria requested the Honourable Chief Judge of Ekiti State vide a letter dated the 26th September, 2006 to set up a Seven (7) man panel to investigate allegations of gross misconduct against the Executive Governor of Ekiti State Dr. Peter Ayodele Fayose (hereinafter referred to as the Governor) and his deputy, Chief (Mrs.) Biodun Olujimi (hereinafter referred to as the Deputy Governor).
The Chief Judge of Ekiti State in accordance with relevant provisions of the same 1999 Constitution inaugurated the Seven (7) man panel on the 10th of October, 2006. The names of the Seven-man Panel are as follows.
1. Mr. Remi Bamigboye - Chairman
2. Mr. Alli Apanisile - Member
3. Mr. Sesan Adesuyi - Member
4. Rev. Segun Da-Silva - Member
5. Chief Olu Alade - Member
6. Pastor Solomon Ajisafe Omoniyi - Member
7. Mrs. Olufunmilayo Olukogbon - Member
All the members of the panel were sworn in on the 10th of October, 2006 at the High Court premises, Ado – Ekiti.
OBSERVATION
Immediately after the swearing in ceremony, the Panel sat at the High Court number 2 at Ado Ekiti. The Panel made its inaugural sitting with the counsel representing the Governor in attendance. It should be noted that neither the Ekiti State House of Assembly nor its counsel made any appearance before the Panel on the 10th of October, 2006. The Panel thereafter adjourned its sitting till 12th of October, 2006 by 9.00am to enable the Ekiti State House of Assembly to present its case against the Governor and His Deputy.
Meanwhile, the Panel wrote a letter to the Speaker to enable the Ekiti State House of Assembly, being the petitioner appears before the Panel today, the 12th of October, 2006.
The Panel states that the Chief Judge of Ekiti State has obliged the Panel a copy of allegation as contained in the notice of impeachment against the Governor and his Deputy.
The chairman called on the Ekiti State House of Assembly to open its case. The Panel observed that neither Ekiti State House of Assembly nor its legal representatives were present. The Panel thereafter adjourned till 01:00pm to deliver its report.
REPORT
The conclusions of the Panel is that having regard to Section 36 of the 1999 Constitution of the Federal Republic of Nigeria and the sensitive nature of the allegations against the Governor and his Deputy, and failure of the Ekiti State House of Assembly to appear before the Panel, the Panel concluded that all the allegations of gross misconduct against the Governor and his Deputy as contained in the notice of impeachment dated 26th of September, 2006 are deemed abandoned by the Ekiti State House of Assembly.
It is trite that, he who alleges must prove beyond reasonable doubt in criminal allegation as it is in this case. The allegations are therefore unsubstantiated, gold digging and therefore failed in its entirety. This Panel hereby absolves the Governor and his deputy of all the allegations contained in the notice of impeachment.
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REPORT OF THE INVESTIGATION PANEL OF SEVEN PERSONS APPOINTED BY HONOURABLE JUSTICE JUBRILL B.K. ALADEJANA ON THE ALLEGATIONS OF ACTS OF GROSS MISCOUNDUCT LEVELED AGAINST THE EXECUTIVE GOVERNOR OF EKITI STATE. DR. AYODELE FAYOSE DATED 16TH DAY OF OCTOBER 2006
Report of the Report of the investigation panel of seven persons appointed by Honourable Justice Jubrill B.K. Aladejana on the allegations of acts of gross misconduct leveled against the Executive Governor of Ekiti State - Dr. Ayodele Fayose.
Introduction: Pursuant to section 188 (5) of the 1999 Constitution of the Federal Republic of Nigeria, this panel of seven persons was set up by Honourable Justice Jubril B.K. Aladejana on Friday, 13th October 2006.
The seven persons are:
1. Mr. Emmanuel Bamidele Omotoso Chairman
2. Deacon Olajubu Solomon Owoeye Member
3. Eng. Ismail Olowolafe Dayisi Member
4. Mr. Kayode Failani Member
5. Pastor (Mrs) Funmi Adeniyi Member
6. Rev. Father Anthony Oluwole Ijasan Member
7. Major J. O. Odusina (Rtd) Member
Venue: Ekiti State House of Assembly Complex Ado-Ekiti
Rules of procedure: Pursuant to section 188, subsection 7(a) of the constitution of the Federal Republic of Nigeria, 1999 the Ekiti State House of Assembly prescribed the Rules of procedure which are 23 in number, hereinafter referred to as "the Rules".
This panel in compliance with section 188 (7) (a) of the 1999 constitution of the Federal Republic of Nigeria 1999 exercised its powers and functions in accordance with the Rules.
Notices: Notices of sittings duly signed by the Chairman of the Panel were dispatched to all the parties concerned viz:-
(i) The Speaker of the House,
(ii) The Executive Governor of Ekiti State – Dr. Peter Ayodele Fayose and
(iii) The Deputy Governor of Ekiti State – Chief (Mrs.) Abiodun Olujimi.
Commencement of sittings: Relying on rule 4 of the Rules, the Panel commenced its sitting on 13th October, 2006 at 10.30a.m.
Attendance: The legal Representatives of the House of Assembly and Deputy of Governor of Ekiti State Rowland Otaru, SAN, with Gboyega Oyewole, Tayo Aluko, Akintude Esan, and Joseph Omodele Adewumi Esquire respectively.
Absent: The Executive Governor of Ekiti State, Dr. Peter Ayodele Fayose and his legal representative were absent.
Witnesses: Ekiti State House of Assembly called three witnesses and closed its case. The witnesses were viz:-
(a) M.P. Ogele, Esquire, a private legal practitioner and National Coordinator of Ekiti State Equity, Justice and Peace Movement.
(b) Abubakar Aliyu Madaki, Deputy Superintendent of Police attached to Economic and Financial Crimes commission. (EFCC).
(c) Mr. Gbenga James, Managing Director, Biological Concepts Limited, Afao-Ekiti, Ekiti State and Avian Specialties Nigeria Limited, a close friend of Dr. Ayodele Fayose.
These witnesses were cross-examined by the legal representative of Her Excellency, Chief (Mrs.) Abiodun Olujimi.
The Executive Governor – Dr. Peter Ayodele Fayose and his witnesses failed to appear before the panel but forwarded his response to the 7 allegations of gross misconduct against him. The Deputy Gov., Chief (Mrs) Abiodun Olujimi called no witness. Her legal representative rested her case on the House of Assembly.
Addresses: Learned counsel to the Deputy Governor Joseph Omodele Adewumi Esquire addressed the panel followed by learned counsel to the House of Assembly, Rowland Otaru, SAN, with Gboyega Oyewole, Tayo Aluko and Akintunde Esan.
Close of proceedings: After the addresses of the aforesaid learned counsel, the proceedings of the panel was declared closed on 14th day of October, 2006, when it became obvious that the Governor of Ekiti State – Dr. Peter Ayodele Fayose would not attend the panel sittings.
Report:
Dr. Peter Ayodele Fayose, The Executive Governor of Ekiti State.
After careful consideration of the evidence of the witnesses for the Ekiti State House of Assembly which was unchallenged by the Executive Governor, the panel hereby reports thus:-
Allegation One:
Illegal Operation of Foreign Accounts contrary to paragraph 3 of the Code of Conduct for public officers to wit.
Operation of foreign account with the Bank of Africa, United State of America with VISA CREDIT NO 45397806 and 28083056 valid until August, 2007, contrary to the provisions of paragraph 3 of the Code of conduct for Public Officers.
Evidence: Olatunji Adegoke, Personal Assistant to the Executive Governor, Dr. Peter Ayodele Fayose in whose custody the credit card No. 45397806 was found made confessional written statement to the Economic and Financial Crime Commission on 24th day of July 2006 to the effect that the aforesaid credit card belonged to Dr. Peter Ayodele Fayose. The statement was tendered in evidence by EFCC representative. A copy of the Visa credit of the Bank of America U.S.A. valid until August 28 with the signature of the Executive Governor, Dr. Peter Ayodele Fayose, was also received in evidence. The evidence was unchallenged.
Verdict: Guilty
Allegation Two:
Illegal Operation of Foreign Account Contrary to paragraph 3 of the Code of Conduct for Public Officers to wit:
Operation of Foreign accounts Nos: 50633925, 60642924 and 808909594 kept with Barclays Bank Plc. 38, Hans Crescent Knightsbridge, London, SWL XOLZ contrary to paragraph 3 of the Code of Conduct for public officers.
Evidence: The EFCC tendered a copy of the Premier Bank Account of Barclays Bank Plc, 38 Hans Crescent Knightsbridge, London with account No 50633925 and Account Name Mr. Ayodele Fayose and same was received in evidence. This evidence was unchallenged.
Verdict: Guilty
Allegation Three:
Illegal diversion of Local Government Funds contrary to Section 162 of the Constitution of the Federal Republic of Nigeria 1999.
Diversion from the Ekiti State Joint Local Government Account the sum of N11.7 Billion received from the Federation Account from January 2004 to June 2006.
Evidence:
There are overwhelming evidence to the effect that various sums of money from the Ekiti State Joint Local Government Account were diverted to illegal quarters. The evidence were uncontroverted.
Verdict: Guilty
Allegation Four
Receipt of illegal gifts contrary to paragraph 6 of the Code of Conduct to wit:
Receipt of the sum of ₤37,000.00 (Thirty Seven Thousand Pounds sterling only) from the Biological Concepts Ltd. Knowing it to be the proceeds of the Poultry Project embarked upon by the State Government.
Evidence:
Mr. Gbenga James, The Managing Director of Biological Concepts Ltd. Gave evidence before the Panel that out of the money for the Integrated Poultry Project he gave ₤37,000 (Thirty Seven Thousand Pounds sterling) to Adegoke Olatunji the Personal Assistant to the Executive Governor, Dr. Peter Ayodele Fayose on the instruction of the Executive Governor.
Verdict: Guilty
Allegation Five:
Receipt of the illegal gift contrary to paragraph 6 of the Code of Conduct to wit:-
Receipt of a house lying and being at 10 Kobiowu Crescent, Iyaganku, GRA, Ibadan Oyo State valued at over N40 million built from the proceeds of the poultry project.
Evidence:
Evidence was led by the prosecution to show that there was an agreement between Mr. Gbenga James, the Managing Director of both Biological Concepts Ltd. and Avian Specialties Ltd. And the Governor to build a building worth 40 million at Ibadan from the proceeds earmarked by the State Government for the poultry project.
Mr. Gbenga James gave evidence that the building drawn by Grid Associates was actually built at 10 Kobiowu Crescent, Iyaganku G.R.A. Ibadan, Oyo State valued N40 million being part of the money earmarked by the State Government for the poultry project.
The building plan of the said building was tendered through Mr. Gbenga James by the prosecution.
Various documents to corroborate this evidence were tendered and received in evidence.
Verdict: Guilty
Allegation Six
Receipt of illegal gifts of two houses contrary to paragraph 6 of the Code of Conduct to wit:-
i. Property lying and being at 23, Ring Road Restaurant Street, Behind Total Petrol Station, Iyaganku, GRA, Ibadan, Oyo State valued at about N20 million built from the proceeds of the contracts of Ekiti State Governor's Office awarded to Grid Associates headed by Abiodun Fari-Arole.
ii. Property lying and being at Are Road, Afao-Ekiti State valued at about N25 million built from the proceeds of the contracts for Fountain Hotel awarded to Grid Associates headed by Abiodun Fari-Arole.
iii.The sum of N42 Million collected from Mr. Abiodun Fari-Arole of Grid Associates through Mr. Ayobola Abiola, then of the Standard Trust Bank Plc, now with FCMB Plc, Dugbe Branch being proceeds of the contract for Fountain Hotel and Governor's Office.
Evidence:
This allegation was substantiated with unchallenged oral documentary evidence tendered by the EFCC and Mr. Gbenga James, the Managing Director of Biologicawl Concept Ltd. and Avian specialties Ltd.
Verdict: Guilty
Allegation Seven:
Illegal transfer of the sum of $100,000 to the United State of American contrary to the money laundering act 2004.
Transfer of the sum of $100,000 to the United State of America on 20th August, 2004 through Account No 45703770 of City Bank, 244, Mani Street, White Palms NY 10601 belonging to Mr. Toney Orubuloye contrary to the money laundering Act, 2004.
Evidence:
The EFCC representative gave evidence that Abiola Ayobola of Zonal Head-West First City Merchant Bank Ibadan transferred a sum of $100,000 dollars to the United States of America on 20th August 2004 through account No 45703770 of City Bank, 244, Mani Street, White Palms NY 10601 belonging to Mr. Toney Orubuloye for the benefit of His Excellency Governor Ayo Fayose and personal staff who reportedly ran out of cash in United State of America.
This evidence was unchallenged.
Verdict: Guilty.
Conclusion:
In view of the available evidence before the Panel, the Panel came to the conclusion that all the aforementioned allegations of acts of gross misconduct against the Executive Governor of Ekiti State. Dr. Peter Ayodele Fayose have been proved.
Thanks.
Yours faithfully.
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REPORT OF THE INVESTIGATION PANEL OF SEVEN PERSONS APPOINTED BY HONOURABLE JUSTICE JUBRIL B.K. ALADEJANA ON THE ALLEGATIONS OF ACTS OF GROSS MISCONDUCT LEVELEC AGAINST THE DEPUTY GOVERNOR OF EKITI STATE. CHIEF (MRS.) ABIODUN OLUJIMI. DATED 16TH DAY OF OCTOBER 2006
INTRODUCTION: Pursuant to section 188 (5) of the 1999 Constitution of the Federal Republic of Nigeria, this Panel of seven persons was set up by Honourable Justice B.K Aladejana on Friday, 13th October 2006. The seven persons are:
1. Mr. Emmanuel Bamidele Omotoso Chairman
2. Deacon Olajubu Solomon Owoeye Member
3. Eng. Ismail Olowolafe Dayisi Member
4. Mr. Kayode Filani Member
5. Pastor (Mrs) Funmi Adeniyi Member
6. Rev. Father Anthony Oluwole Ijasan Member
7. Major J.O. Odusina (Rtd) Member
VENUE: EKITI STATE HOUSE OF ASSEMBLY COMPLEX ADO EKITI
RULES OF PROCEDURE: Pursuant to section 188, subsection 7(a) of the Constitution of the Federal Republic of Nigeria, 1999 the Ekiti State House of Assembly prescribed the Rules of procedure, which are 23 in number and hereafter referred to as "the rules".
This Panel in compliance with section 188(7) (a) of the 1999 Constitution of the Federal Republic of Nigeria exercised its powers and functions in accordance with the Rules.
NOTICES: Notices of sittings duly signed by the Chairman of the Panel were dispatched to all the parties concerned viz:- The Speaker of the House, (ii) The Executive Governor of Ekiti State – Dr. Peter Ayodele Fayose and (iii) The Deputy Governor of Ekiti State – Chief (Mrs) Abiodun Olujimi.
COMMENCEMENT OF SITTINGS: Relying on rule 4 of the Rules, the Panel commenced its sittings on 13th October, 2006 at 10.30am.
ATTENDANCE: The Legal Representatives of the House of Assembly and Deputy Governor of Ekiti State Rowland Otaru S.A.N. with Gbenga Oyewole, Tayo Aluko, Akintunde Esan and Joseph Omodele Adewunmi Esquire respectively.
WITNESSES: Ekiti State House of Assembly called three witnesses and closed its case. The witnesses were viz:
(a) M.P. Ogele, Esquire, a private legal practitioner and national Coordinator of Ekiti Justice and Equity movement.
(b) Abubakar Aliyu Madaki, a deputy Superintendent of Police, attached to Economic and Financial Crimes Commission (EFCC).
(c) Mr. Gbenga James, Managing Director, Biological Concept Limited, a close friend of Dr. Ayodele Fayose.
dollars) from his secretary when she was on her way to London on the instruction of the Executive Governor, Dr. Ayodele Fayose.
However, in her response to the allegation of acts of gross misconduct, which her counsel adopted as her defense to the allegation, she stated therein that she collected the said sum for remission to Mr. Osinowo a friend of Mr. Gbenga James, for a project.
However, Mr. Tunde Osinowo in his written statement to the EFCC on 6th February, 2006 denied knowing anything about a landed property and that the Deputy Governor, Chief (Mrs.) Abiodun Olujimi never brought any Dollars to him. He denied having any land dealing with Mr. Gbenga James and Mrs. Olujimi. This evidence was unchallenged.
VERDICT: In view of the unchallenged evidence before the Panel that Chief Mrs. Abiodun Olujimi, Deputy Governor of Ekiti State received a sum of $50,000 (Fifty Thousand Dollars) from the secretary of Mr. Gbenga James, being part of the money earmarked for the Poultry Project coupled with the fear that Chief Mrs. Abiodun Olujimi failed to appear before the Panel to clarify the whereabouts of the said sum of fifty thousand dollars, this Panel has no option than to come to the conclusion and hereby come to the conclusion that Chief Mrs. Abiodun Olujimi was the beneficiary of the said sum of money. She is found GUILTY.
ALLEGATION TWO: Failure to comply with the Decree establishing the National Youth Service Corps Scheme, which mandates all holders of certificates equivalent to a bachelor's Degree to observe a one year compulsory Youth Service Programme.
EVIDENCE: The Ekiti State House of Assembly adduced no evidence before the Panel in proof of this allegation.
REPORT: As there is no evidence before the panel upon which the panel can write a report, the Panel hereby holds that this allegation is deemed abandoned by the Ekiti State House of Assembly and is hereby stuck out.
Thanks
Yours faithfully,
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