For many observers, the out-come of the 2007 state assembly election in Ekiti State should be a case study for measuring the level of political tolerance and democratic culture in the country.
This is because the polls produced a clear political divide that is often seen in the advanced democracies.
Two parties, the PDP and the AC gained equal representation in the 26-member assembly.
For many analysts, Ekiti with a background of quality human resources, should be the bench mark of political intellectualism in the country.
How well Ekiti has faired since the current legislature was inaugurated last year leaves much to be desired.
Stakeholders in the state accuse the legislators of taking party loyalty above the general interest of their constituents and the state.
Emerging from one crisis after another, the legislators recently replaced their Speaker.
As the dust raised by the controversial removal of Mr. Olufemi Bamishile tries to settle, the assembly last week stirred up another.
On September 10, the legislators introduced a novel into the act of governance in the state and country.
The 26-member assembly had passed two resolutions calling on the state governor, Mr. Segun Oni, to sack his entire State Executive Council.
The other resolution recommended the dissolution of the 16 Local Government Caretaker Committees and their chairmen.
The legislators also ordered that the accounts of the councils be frozen, and ordered the Caretaker Chairmen to hand over to Directors of Administration (DA) in their respective councils.
At a plenary sitting presided over by the new Speaker, the House accused the state Commissioners of “inefficiency, non-productivity, ineptitude and failure to work in tandem with the developmental concepts of the state governor’’.
For the council chairmen, their offence was an allege “financial mismanagement of public funds and other corrupt practices’’.
The House also allegedly accused some of the commissioners of sponsoring a court case instituted by one Mr. Toyin Ogunmuyite, at the Federal High Court, in Benin.
The case seeks the dissolution of the House for failing to sit for the mandatory 181 days during the last legislative year as required by the constitution.
Justifying reasons for the passage of the resolutions, House Chairman on Information and Sports, Mr. Adebayo Morakinyo (PDP Ikole 1), says the commissioners did not comply with Section 98, paragraph ‘A’ of the House Rules.
The rules stipulate that “at the end of every year, each Commissioner shall render accounts of their stewardship before the House’’.
Morakinyo says that “none of the Commissioners has rendered their accounts before the House since they were sworn-in about 16 months ago, and they had failed woefully to discharge their responsibilities to the people of the state”.
“In fact, most of them take delight and relish in doing things in their own ways as against the developmental agenda of Mr. Governor.
“It is on this premise that the House in its resolution today asked the governor to sack them, and we are not going back on this resolution.’’
On the Caretaker Chairmen, Morakinyo explains that an ad-hoc committee set up by the House to probe their activities had submitted its reports which indicted them of alleged misappropriation of public funds.
“The House has also passed a resolution for the sack of the Local Government Caretaker
Chairmen following the adoption of the report of the five-man ad-hoc Committee which alleged them of financial recklessness.
“The accounts of the councils have been frozen and they are to hand over to their Directors Administration (DA) who are to operate only the imprest and salary accounts.
“Besides, those that are found guilty among the caretaker chairmen would be reported to the Economic and Financial Crime Commission (EFCC) for prosecution,’’ he said.
Morakinyo, who states that the governor has the right to represent some of the Commissioners to the House for consideration, however, observed that “those whose records are terrible will not be considered’’.
But in swift reactions, the state Commissioner for Justice and Attorney General, Mr. Gboyega Oyewole, describes the action of the legislators as illegal, unconstitutional and efforts in futility.
He says that the resolutions are not in compliance with the House Rules, adding that the Constitution did not give the legislature the power to recommend the reversal of any appointment confirmed by the Assembly at its sitting.
The state chief law officer, notes that the lawmakers erred in their action as “the assembly can only advice the government’’, adding that such advice is not bidding on the government or governor.
The resolutions passed are not strictly within the province of the assembly.
The Constitution does not allow for that, and there is a pending court case on the composition and tenure of the local government caretaker chairmen.
Undoubtedly, the assembly has an over-sight function to invite the commissioners, caretaker chairmen, and to expose corruption and inefficiency.
“But Section 192, sub-section 12, does not empower them to withdraw a confirmation which cannot be revisited,’’ Oyewole said.
The Commissioner for Information and Civil Orientation, Mr. Adunayo Ategbero, also reacted to the legislators’ action.
“It is only the governor that has the power to hire and sack commissioners and not the House of Assembly.”
If the bases of the House recommendations are that we have not rendered our stewardship, no formal letter was sent to me.
Counsel to the Caretaker Chairmen, Mr. Dele Omotosho, observes that the dissolution cannot stand the scrutiny of the law court.
But Mr. Lanre Fayemi, a former PDP Majority Leader in the House, describes the action as illegal.
He says there is no such power in the House Rules that conferred the legislators the power to call for the dissolution of the state executive council and the caretaker committees.
As one of the pioneer members of the Ekiti State House of Assembly, l was involved in the establishment of the law that sets up the House Rules and standing Orders.
“The only power given is for the House to invite the commissioners and chairmen to give account of their stewardship.
It is only the governor that has the power to appoint, that can sack either the commissioners or the council chairmen.
“I challenge the lawmakers to point out the section of the House Rules where they derive the power to sack commissioners and dissolve Local Government Caretaker Committees”.
“They should not play with the destiny of Ekiti State through their ulterior motives,’’ he warned.
But some political observers are seeing the matter from another perspective.
They say that appointments made by the governor cannot be dismantled without proper justifications, adding that the step taken by the lawmakers are targeted at the governor.
“This can be interpreted as passing a vote of no confidence on Mr. governor.’’
Stakeholders say since the case of the caretaker chairmen are pending in court, it would be prejudicial to ignore judicial process.
They opine that any action taken against the chairmen could be an effort in futility.
Recalling the controversial impeachment of Bamisile on July 8, and the inauguration of another Speaker on July 29, some observers say it is expected that peace should have returned to the Assembly.
They, however, regret that with the resolutions of the Assembly, it is apparent that the House and the state in general are once again in the eye of the storm.
For the people of Ekiti, the fragile peace that has reigned in the “Fountain Of Knowledge” should have continued to ensure the sustenance of government’s developmental activities.
They say the recent events appear an undue attraction that has the tendency of precipitating crisis between the legislature and the executive.
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