Gov Fayose
Gov Fayose

…As Ekiti Assembly petitions Natl Assembly, Amnesty Intl, others

The Executive Secretary of the National Human Rights Commission
(NHRC), Prof Ben Angwe has said that the commission will investigate
the travel restriction allegedly placed on the Ekiti State Governor,
Mr Ayodele Fayose and one other governor from the South South by the
Federal Government.

Prof Angwe made this known while addressing members of the Ekiti
State House of Assembly, who were in his office today, to submit a
petition on the alleged placement of travel ban on Governor Fayose and
the refusal of the Department of State Services (DSS) to obey a
Federal High Court judgment, ordering the DSS to pay N5 million
damages on the illegal arrest and detention for 18 days of a member of
the House, Hon Afolabi Akanni.

He commended members of the House of Assembly for their commitment to
the sustenance of rule of law in the country and cooperation with the
executive arm of government in Ekiti State, urging lawmakers in other
States to emulate them.

Ekiti State House of Assembly had petitioned the NHRC, National
Assembly, Amnesty International, Embassies of the United States and
the United Kingdom over the alleged plot by the Federal Government to
prevent Governor Fayose from traveling outside Nigeria without getting
clearance from the DSS.

The petition, which was signed by the Speaker, Rt. Hon. Kolawole
Oluwawole, was submitted by the Deputy Speaker, Hon Segun Adewumi;
Chairman House Committee on Information, Hon Gboyega Aribisogan and
Chairman House Committee on Health, Dr Samuel Omotoso.

The petition submitted to the NHRC reads; “We write to bring to your
attention another impending infringement on the rights of the Governor
of our State, Mr Ayodele Fayose and by extension the entire Ekiti by
the Federal Government.

“A few weeks ago, our governor was reliably informed that President
Mohammadu Buhari had directed that he should be banned from traveling
outside Nigeria. This reliable information was to be confirmed through
reports in two major national dailies on Sunday, May 29, 2016 titled;
‘2 govs under watch, face travel ‘.

“From our findings, one of the governors being referred to is our own
governor, Peter Ayodele Fayose and we wish to state like we have
always done that we, the members of Ekiti State House of Assembly are
with the governor on everything that he does.

“Even ordinary Nigerians do not require clearance from the Department
of State Services (DSS) or any security agency to travel outside
Nigeria unless in compliance with court order, and as at today, there
is no court order placing travel restriction on our governor, Ayodele
Fayose. Issues concerning Governor Fayose cannot even be entertained
in any court by virtue of the immunity he enjoys as provided in
Section 308 of the 1999 Constitution (as amended).

“We however know as always that this latest plot is as a result of our
governor’s critical stance on President Mohammadu Buhari’s government
and its anti-people’s policies, and we make bold to say that no amount
of intimidation, harassment and oppression will cowed the governor
from exercising his fundamental rights to freedom of expression and to
hold opinions as enshrined in the 1999 Constitution of Nigeria (as
amended).

“We are aware that this is coming as a result of the failure of the
President Buhari led APC government’s plot to use the DSS to coerce
the House of Assembly members into the plot of removing the governor.

“We are also aware that plot to out-rightly take the governor ‘out of
circulation’ cannot be ruled out as those advising President Buhari
are said to be of the opinion that our governor has become a threat to
his (Buhari) re-election bid and that everything must be done to ‘whip
the governor to line’ before 2018.

“Going by the antecedents of the President Buhari-led Federal
Government of Nigeria and the DSS under the President’s kinsman,
Alhaji Lawal Daura, it is certain that there is nothing that cannot be
attempted, no matter how unlawful.

“It should be recalled that this same DSS invaded the hallowed Chamber
of the House of Assembly in our State, abducted our member, Hon
Afolabi Akanni and kept him in detention for 18 days without access to
anyone. Even when the court ordered that he should be released, the
order was ignore. Up till today, no explanation was given for this
arrest and detention.

“It should also be recalled that on April 20th, 2016, the Federal High
Court, Ado-Ekiti, in Suit No. FHC/AD/CS/7/2016 ordered the DSS to pay
a sum of N5 million to Hon Afolabi Akanni as damages for what the
court termed unlawful, illegal and unconstitutional infringement of
his fundamental rights. Up till today, that judgment has not been
obeyed by the DSS.

“It is therefore on the premise of display of arrogance and contempt
for the laws of the country by the DSS under President Buhari that we
elected to bring this latest plot to place Governor Ayodele Fayose on
travel ban to your attention.

“It is worrisome that the federal government will consider the idea of
compelling a sitting governor in Nigeria that enjoys Constitutional
Immunity like the President to obtain clearance from the Director
General DSS, who is an appointee of the President before travelling
out of Nigeria.

“This to us is an affront on the 1999 Constitution of Nigeria (as
amended) more so that States, as federating units in Nigeria are not
under the Federal Government, which itself is also a State and not
superior to other federating units.

“Section 35 (1) of the 1999 Constitution (as amended) provides that;
‘Every person shall be entitled to his personal liberty and no person
shall be deprived of such liberty,’ Section 39 (1) provides that;
‘Every person shall be entitled to freedom of expression, including
freedom to hold opinions and to receive and impact ideas and
information without interference,’ while Section 41 (1) provides that
‘Every citizen of Nigeria is entitled to move freely throughout
Nigeria and to reside in any part thereof, and no citizen of Nigeria
shall be expelled from Nigeria or refused entry thereto or exit
therefrom.’

“Article 13 (1) of the Universal Declaration of Human Rights to which
Nigeria is a signatory provides that “Everyone has the right to
freedom of movement and residence within the border of each State
while Article 13 (2) provides that ‘Everyone has the right to leave
any country, including his own, and return to his country,’ ditto
Article 12 (2) of the African Charter on Human and Peoples’ Rights.

“By provisions of the Constitution of Nigeria, ordinary Nigerians do
not require clearance from the DSS or any security agency to travel
outside Nigeria unless travel restriction is placed by an order of the
court, not to talk of State Governors that enjoy immunity just like
the President and are not under the control of the President.

“Our question is; if Governor Fayose has become a threat to the
security of Nigeria just because he criticises President Buhari and
says the truth about his mis-governance of the country, what happens
to Section 39 of the 1999 Constitution of Nigeria (as amended), which
provided for freedom of expression and freedom to hold opinions?

“Most importantly, under a federal system of government, the states
and national government both enjoy some autonomy, with sovereign power
formally divided between the national government and the States such
that each State retains some degree of control over its internal
affairs.

“However, it appears that the laws of Nigeria are not important to the
President Mohammadu Buhari led government and it has become once again
necessary that webring your attention to yet, another plot to subvert
our rights as a State.

“We wish to recall that in 1984 when President Buhari was a military
Head of State, late Chief Obafemi Awolowo was prevented from
travelling outside Nigeria for medical treatment, thereby leading to
his (Awolowo) untimely death in 1987!

“The international passports of late Ooni of Ife, Oba Okunade
Sijuwade; late Emir of Kano Alhaji Ado Bayero and late Obi of Onitsha,
Ofala Akulalia Alphonsus Ogugua were also seized and they were
restricted to their palaces just because they travelled to Israel for
business.

“We therefore wish to state on behalf of Governor Ayodele Fayose that
as an opposition figure, he cannot be cowed by this pettiness from the
presidency.

The National Human Rights Commission is by this letter being put on
notice that Governor Fayose will travel out of Nigeria anytime he
wishes to and attempt to stop Will be a direct invitation to breakdown
of law and order.

“It is our considered view that President Buhari should rather concern
himself with the growing insecurity in the country and charge the
security agencies, especially the DSS to perform their functions as
enshrined in the constitution instead of running after petty issues.

“The President should be prevailed upon to focus his attention on the
economy of Nigeria that is almost collapsing and stop using his
position to oppress other Nigerians.

“Thanking you for your efforts at deepening democracy, rule of law and
respect for human rights in Nigeria.”


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