Ekiti State is fast drifting into anarchy. The situation must be arrested as quickly as possible.

Since Ayo Fayose became the Governor, Ekiti State has become the by-word for corruption, mismanagement, murder and lawlessness. This is cancerous to peace, order and stability.

However, since he was elected under the Constitution, he can only be removed under the Constitution. The process of his removal began by the notice of impeachment under Section 188 of the Constitution of the Federal Republic of Nigeria, 1999. Consequent upon a motion passed by Two-Thirds of the members of the State House of Assembly, the Chief Judge acting pursuant to Section 188(5) of the Constitution of the Federal Republic of Nigeria, 1999 set up a Panel of Seven (7) members to investigate the allegations of gross misconduct made against the Governor and his Deputy. Under that subsection, the criteria for membership of the Panel are prescribed but the authority to set up the Panel is that of the Chief Judge. The contention of the Ekiti lawmakers is that the members of the Panel did not satisfy the criteria. The Chief Judge refused to budge, stating that he has not been convinced that members of the Panel did not satisfy the criteria. In reaction to the stand of the Chief Judge, the lawmakers met yesterday, Wednesday, October 11, 2006 and by a resolution suspended the Chief Judge.

I have taken pains for several hours to re-read with my colleagues in Chambers from the Preamble and Section 1 of the Constitution to Section 320 and all the Seven (7) Schedules of the Constitution and could not find any power vested in Ekiti State Assembly to suspend the Chief Judge for exercising his authority under Section 188(5) - the Impeachment Section of the Constitution.

Surely, under Section 292(1)(a)(ii) of the Constitution, a Chief Judge can be removed from office by the Governor upon the address of the State House of Assembly supported by Two-Thirds of the Members. Such removal can only take place under any of the following conditions:

• Inability to discharge the functions of his office whether arising from infirmity of mind or of body;

• Gross misconduct; and

• Contravention of the Code of Conduct.

It must be noted that any Judge in any State of the Federation or any Judge in any of the Federal Courts can be disciplined, investigated and recommended for suspension or removal only by the National Judicial Council (NJC) (See Third Schedule, Part I, Paragraph 21 and also Section 292(1)(b) of the Constitution of the Federal Republic of Nigeria, 1999). The Constitution of the Federal Republic of Nigeria, 1999 created the National Judicial Council in Section 153. It is my strong view that the suspension of the Chief Judge by the Ekiti State House of Assembly without the recommendation of the National Judicial Council (NJC) is a usurpation of the authority of that Council. It is to that extent unconstitutional. I am opposed to the corrupt administration of Governor Ayo Fayose. I am in support of the impeachment process. But I disagree with the lawmakers in the suspension of the Chief Judge who might have acted wrongly in constituting a panel with members whose criteria might not satisfy the constitutional provision. But, the answer is not meeting one illegality with another illegality or one unconstitutionality with another unconstitutionality.