19 Ekiti Lawmakers Ask Court To Prosecute 7 PDP Lawmakers For Treason
The Speaker of the Ekiti state House of Assembly, Dr. Adewale Omirin and 18 other lawmakers elected on the platform of the All Progressives Congress (APC) had urged a Federal High Court in Lagos to order the arrest and prosecution of 7 Peoples' Democratic Party (PDP) lawmakers for acts of reasonable felony.
The APC lawmakers, who are seeking 22 declarative relief from the court, want the court to declare 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 the criminal Code have committed treasonable felony.
They are also seeking an order of the court directing Inspector General of Police/Commissioner of police to arrest and to prosecute the factional seven lawmaker for act of reasonable felony.
The legislators further prayed the court for 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.
The 19 APC lawmakers also seek an order declaring all action carried out by the seven PDP lawmakers, 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.
And 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 been duly appointed by the Ekiti state house assembly in accordance with provision of the constitution.
In an affidavit filed by the lawmakers in support of the originating summon sworn to by Dr.Omirin, the embattled Speaker averred that the Ekiti State House of Assembly is comprised of 26 elected members, and prior to the swearing of Mr. Ayodele Fayose, as the Governor of Ekiti state, Mr. Samuel Ajibola, was the only PDP representative in the House of Assembly.
And that upon the swearing in of Ayodele Fayose, six members of the Assembly, namely; Dele Olugbemi, Adeojo Alexander, Adeloye Adeyinka, Isreal Olowo Ajiboye, Fatunbi Olajide, Olayinka Abeni, who were sponsored into the House of Assembly by the All Progressives congress Party (APC) defected to PDP
Omirin averred further that subsequently, the governor had started hounding, intimidating, harassing and mounting pressure on the other 19 members to also defect to the PDP and before his swearing-in as the governor of the state, and that the Governor had been intimidating, sharassing and desecrating the judiciary in Ekiti state, all in ploy to frustrate the course of justice.
The Speaker also averred that in the early hours of November 17, 2014, troops of 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 19 APC members of the Assembly 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.
He added that while they were held up outside the gate, the factional members were escorted into the premises of the Ekiti state house of Assembly to conduct legislative proceedings, during which the purported sitting by the factional members purportedly confirmed Owoseni Ajayi, Kayode Oso, and Toyin Ojo as commissioners, and also approved the appointment of the local Government caretaker committees chairmen.
Dr. Omirin also averred that on the November 18, 2014, the Governor ordered the sealing up of his office of 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.
And on November 19, 2014, the factional members under heavy security as done on November 17 November, 2014, went into the chambers of the Assembly and purportedly removed him as Speaker and his Deputy and 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
However, the presiding judge, Justice Saliu Saidu has adjourned the matter till January 7, 2015, for hearing.
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