I congratulate very heartily the National Assembly for approving and ratifying the State of Emergency declared in Ekiti State by the President on Thursday, 19th October, 2006 pursuant to Section 305 of the Constitution of the Federal Republic of Nigeria, 1999.

The National Assembly has behaved most responsibly, most constitutionally and most democratically in ensuring that law, public order, stability and peace are maintained in Ekiti State and danger to democracy and constitutionality averted.

By this ratification, Ayo Fayose who has been impeached for money laundering and corruption will no longer govern Ekiti State during the State of Emergency and his constitutional rights are gone including his immunity. He cannot represent the State as a Chief Executive.

I will like to refer to the Supreme Court Case of Plateau State v. Attorney-General of the Federation delivered on Friday, 20th January, 2006 and reported in (2006) 3 Nigerian Weekly Law Reports (Part 967) 346. In that case, the Supreme Court made it abundantly clear on page 440, paras. C-F, per OGUNTADE, J.S.C.:-

"There is no doubt that as at 18-05-04, when a state of emergency was declared in Plateau State, the then Governor was His Excellency Joshua Dariye. Following the declaration of the state of emergency Joshua Dariye ceased to be the Governor of Plateau State as his office was suspended. Under the said declaration the Plateau State House of Assembly was also suspended. It is undisputed that Major-General M. C. Alli (Rtd.) became the Administrator of Plateau State on 19/05/04. He, in the capacity of administrator was completely in charge of the Government of Plateau State and all its agencies. Plaintiffs’ suit was filed on 24-06-04 at which time Joshua Dariye was no longer the … constitutional head of Government in Plateau State. He had neither the control over the Plateau State nor the authority to initiate an action in court in the name of the Plateau State Government. ..."

The public will recall that a State of Emergency was declared in Plateau State on May 18, 2004 and an action was filed by the Plateau State Government and the suspended State House of Assembly in the Supreme Court on June 24, 2004 invoking the original jurisdiction of the Supreme Court under Section 232 of the Constitution of the Federal Republic of Nigeria, 1999. The Supreme Court declined jurisdiction on the action of the Plaintiffs in that the Supreme Court had no original jurisdiction to entertain the action from the Plaintiffs as they were no longer in office and could not act for and on behalf of the Plateau State Government. It was only General Chris Alli, the Administrator, who could act on behalf and for the State to invoke the Supreme Court original jurisdiction and not Joshua Dariye. By this decision of the Supreme Court, Ayo Fayose cannot go to the Supreme Court against the Federal Government and the Administrator. He has no competence so to do.

Fayose’s case is even weaker than that of Joshua Dariye because at the time the declaration of State of Emergency was made in Plateau State on 18th May, 2004, Dariye was a Governor but at the time declaration of State of Emergency was made in Ekiti State, Fayose had been impeached. Either by the impeachment or by the declaration of State of Emergency he cannot act as Governor.

Finally, I congratulate the Law Makers at Abuja. They have given teeth and respectability to constitutionality and democracy in Nigeria.

CHIEF GANI FAWEHINMI LLD, SAN

Thursday, October 26, 2006