How Ex-Oyo Deputy Governor Ran into Trouble

Kemi Olaitan writes on the various events which culminated in the impeachment last Monday of Rauf Olaniyan, as Oyo State Deputy Governor

The frosty relationship between Governor Seyi Makinde of Oyo State and the immediate past Deputy Governor,  RaufOlaniyan, which though denied by the two sides but had been on for over two years came to an end last Monday with the impeachment of Olaniyan by the state House of Assembly based on the recommendation of the panel set up to investigate the allegations levelled against him.

With the two political gladiators denying any rift between themselves, Olaniyan was to set a stage for his impeachment when on Sunday, June  5, 2022 while addressing journalists at his private office in Ibadan, formally announced his defection from the Peoples Democratic Party (PDP) under which platform he and Makinde were elected to the opposition All Progressives Congress (APC).

The Igboho-born retired civil servant and businessman said he took the decision after consultations with his supporters across the 33 local government areas of the state, vowing not to resign his position as the deputy governor.

According to him, “I am bold to inform you clearly that as from this moment, I am porting to the All Progressive Congress (APC).You have been asking me what next politically because everybody is already taking positions, what to contest for, under what party and like I had always told you, when the time is ripe, I will make it public.

“Even as at this morning, some political parties still called me to come and take their tickets to come and contest with, I don’t want to mention any name because I don’t want to de-market any party because we meet to part and part to meet. Not less than three parties have called me today (Sunday) alone and as at yesterday (Saturday) I had about eight political parties offering me their platforms to contest, but is that what I wanted? Am I looking for governorship by all means? No. Do I want to contest governorship at just any party? No.

“So, if that is not, then my aim remains the same, that I am into politics not because I want to make name or any pecuniary gains. I am there because in the society of today, if you know you want to make meaning to your people, you have to make meaning through political process by joining a party.

“Some people will say, you don’t have to join a political party, to make impact; yes, but you should not complain when some people are ruling and you cannot rule without joining a political party.

“I have considered the pros and cons, I have seen it all. I was elected as a deputy governor, sworn in May 29, 2019 to run up to May 28, 2023, so the time is still there but as you can see, everyone has already showed interest in the position they aspire to contest for.

“I had told you ab initio that, God will show us the way to go. For a journey of one thousand kilometres, it starts with a step. First and foremost, I,  RaufAderemiOlaniyan, I am porting to the APC.

“I am not resigning as the deputy Governor, I am still the deputy Governor of Oyo state, Engineer SeyiMakinde is still my Governor, but there is no aspect of the constitution that says the governor or his deputy cannot part ways politically.

“This aspect, I am interested in the law court. It came down to be a hard fact, that it is possible for us to part ways. For the act of governance, I am still the deputy Governor of Oyo state, under the leadership of the Governor of Oyo state. It is only the party maters that changed.

“And I am not going alone, I am going with my teeming supporters in all the 33 local governments. They have been asking me what next and I kept telling them to wait. As at today, they just finished a meeting in Iseyin, the OkeOgun caucus and they wanted to know what next. And I also asked them to go and decide the next thing too.

“Before I joined the PDP, they all decided that we should join PDP and so if I am going to do anything otherwise, I asked them to decide and get back to me. People have been coming from all parts of the sate asking me what next, what I keep telling them was that they should let consultation go round and wide because, in politics, you don’t have to go all alone.

“Few minutes ago, some leaders were here in my office and we decided to do what we are doing now. So, that is the update and I have already ported to the APC.”

The move against Olaniyan was to start immediately when the leadership of the PDP in the state in a statement by the Publicity Secretary, AkeemOlatunji, refused to take what it regarded as effrontery on the part of  the deputy governor, urging him to resign his position. The party charged him to resign honourably stating that it is nothing but a political fraud for him to defect to an opposition party with a mandate he jointly got with the governor and then steal it through the back door.

According to him,  “Oyo people did not vote for a PDP/APC joint ticket; they voted entirely for a PDP mandate, while section 40 of the Constitution of Nigeria guarantees freedom of association of any person, the deputy governor ought to be enlightened by the same constitution when it stipulated that the ticket upon which he (Olaniyan) contested the 2019 governorship election alongside Governor Makinde as a deputy was not an independent candidate ticket.

“It is only when you contest election as an independent candidate and win and decide to move to any political party of your choice that you become the owner of the votes cast by the electorate. Unfortunately for Olaniyan, he wants to eat his cake and still have it. The Oyo PDP, which is the rightful owner of the mandate, will retrieve it back in no distant time using every available legal means if Olaniyan fails to humbly resign as a gentleman with his new move.”

“Our position is simple and very clear on this matter, and as a matter of legal implication, the votes in any election in Nigeria are to political parties and not candidates. It is on this note that the PDP as the ruling party in the state is advising the deputy governor, RaufOlaniyan, not to be carried away by the lies and deceits told him by a political neophyte such as ‘MrJagba’ and be bamboozled into self-delusion of thinking he can be used as a tool to steal Oyo people’s mandate through the backdoor.

“Failure to follow this advice and adhere strictly to it from the PDP which is the legitimate owner of every single vote cast by the electorate in the 2019 governorship election, the PDP shall not hesitate to immediately deploy every constitutional means to prevent this daylight robbery. We’re determined and resolved to retrieve the party’s mandate being withheld illegally and unlawfully by the deputy governor, Engr. RaufOlaniyan because it belongs to the people of Oyo State, who have handled same to the PDP.”

But the threat that the days of Olaniyan as the deputy governor are numbered to political watchers began on June 15 when the state House of Assembly began moves to impeach him with five allegations of gross misconduct, abuse of office, financial recklessness, abandonment of office and official duty and insubordination and other offences, levelled against him in a petition signed by 24 lawmakers who are PDP members.

The petition entitled, “Petition And Notice of Allegations of the Deputy Governor of Oyo State, His Excellency Engineer RaufOlaniyan”, read, ”Consequent upon listed below, we the under listed elected Honourable members of the 9th assembly hereby allege the Deputy Governor of Oyo State, His Excellency Eng. RaufOlaniyan, with the following allegations :

“Gross misconduct; abuse of office; financial recklessness; abandonment of office and official duty;  Insubordination and other offences.

“This is in accordance to the Constitution of the Federal Republic of Nigeria as amended in 2011. Section 188.”

The lawmakers with their constituencies that signed the petition include: FadeyiMuhammed (OnaAra), OnaolapoSanjo (Ogbomosho South), BabalolaOlasunkanmi (Egbeda), AdebisiYussuf (Ibadan Southwest 1), Okedoyin Julius (Saki West) and Adebayo Babajide (Ibadan North 2).

Others were KehindeOlatunde (Akinyele 2), OlajideAkintunde (Lagelu), Mustapha Akeem (Kajola), PopoolaAdemola (Ibadan South East 2), OwolabiOlusola (Ibadan North East 2), OlagokeOlamide (Ibadan North East 1), OlayanjiKazeem (Irepo/Olorunsogo), Ojedokun Peter (Ibarapa North/Centre),

GbadamosiSaminu (Saki East/Atisbo), MabajeAdekunle (Iddo), OluwafowokanmiOluwafemi (Ibadan Southwest 2), AkeemAdedibu (Iwajowa), Fatokun Ayo (Akinyele 1), RasakAdemola (Ibadan South East 1), ObadaraAkeem (Ibadan North West), OyekunleFola (Ibadan North 1), Adetunji Francis (Oluyole).

Sensing that the threat of Impeachment may become real, Olaniyan despite replying to the allegations levelled against him by the House of Assembly late in June was to institute a suit through his counsel, Chief AfolabiFashanu, SAN, at the state High Court to stall the impeachment process. The presiding judge, Justice LadiranAkintola, then subsequently ordered that the status quo be maintained.

But notwithstanding the order by the High Court, the state House of Assembly at its plenary on July 6, passed a motion moved by the Majority Leader, Hon. SanjoAdedoyin and seconded by Hon. AkintundeOlajide, directing the state Chief Judge to set up a seven-man panel to investigate the allegations of gross misconduct against Olaniyan.

The court was however to pave way for the impeachment when last Thursday Justice Akintola, while delivering judgement, dismissed the suit filed by Olaniyan, as the lawmakers and all the defendants have not erred on the procedures adopted to remove him. The judge said the process of removal of one from an office and originating summons filed by the removed deputy governor were purely legislative and not  judicial according to the 1999 constitution, stating that the role of the Speaker was administrative in the Constitution while the allegations were clear enough for Olaniyan to understand.

Akintola said he validated the process initiated by the House of Assembly, having carefully considered the originating summons, counter affidavits by the defendants, written addresses and others.

He said, “There is no where that the Speaker is involved as an initiative but an administrative, the issue raised by the claimant against the defendant are resolved against the claimant. No proceedings of the House can be entertained in any court, therefore the claimant’s case is accordingly dismissed.”

While Olaniyan through his counsel, Fashanu immediately filed an appeal at the Appeal Court in Ibadan, less than an hour after the judgement was delivered, counsel to the defendants, OtunbaKunleKalejaiye, SAN, on his part, said the court only restated the position of the law on the matter as the issue of removal is a legislative affair and when the court can only step in is if the legislatures step out of the constitutional provisions.

His words, “Like I said in court, there are eight steps to be taken in the removal, there is nothing known as impeachment under our laws, it is only removals. So, there are eight eight steps to be taken and it is only the first step that has been taken. It is incorrect to refer to removal of a governor, a deputy as criminal proceedings, it is not. There are steps established under constitution for parties to be heard and we will ensure that nobody is denied his constitutional right.

“The court has spoken, the House of Assembly moves ahead. The House of Assembly has been approved to have done the right thing by the claimant. The court said there are circumstances where it will intervene. In this situation, the circumstances have not been fulfilled and that the notice of impeachment given substantially complies with the provision of the constitution.”

The political drama was to take another dimension last Thursday when the state Chief Judge, Justice MuntaAbimbola, constituted a seven-man panel headed by Chief Kayode Christopher, to investigate the allegations levelled against Olaniyan, by the House of Assembly.

The Chief Judge described members of the panel as people of unquestionable integrity, not being members of any public service, legislative house or political parties, urging them to have the fear of God, act in accordance with their conscience and to be fair and just in the discharge of their duties.

Other members of the panel are AdebisiSoyombo, Chief LawalAdekunleDauda, Princess OlanikeOlusegun, Rev Fr. Patrick Ademola, Chief (Mrs.) WuraolaAdepoju and AlhajiTirimisiyuAkewusolaBadmus.

Olaniyanwas  to raise an alarm the following day, Friday, that the panel gave him 15 minutes to appear before it.

The drama however came to a climax last Monday when Olaniyan was eventually removed by the House of Assembly as the state deputy governor following the adoption of the report of the seven-man panel set up by the Chief Judge to investigate him and read by the Majority Leader, Hon. Adedoyin.

The panel, in the report, said Olaniyan was guilty of all the allegations leveled against him, which included gross misconduct, insubordination, financial recklessness, and abandonment of duties, among others.

For political watchers in the pace setter state, the impeachment was significant as it was carried out by 23 lawmakers of the ruling PDP with the eight lawmakers on the platform of the opposition APC however, boycotting the plenary.

The House of Assembly the same day approved the nomination by Governor Makinde, of the Chairman, Oyo State Housing Corporation and former State Attorney General and Commissioner for Justice, Chief BayoLawal, as the new Deputy Governor, and was subsequently sworn in by the Chief Judge.

The removed deputy governor through his counsel, Chief Fashanu, SAN, in a statement issued in Ibadan, quickly kicked against the impeachment, stating that the panel set up to investigate the allegations raised against him was paid to do the lawmakers’ bidding.

The statement read, “The investigation by the committee set up by the Chief Judge is a charade that cannot stand the test of time.

“In the first instance, the Chief Judge, with respect, breached his oath of office by ignoring the service of notice of appeal and application for injunction pending appeal when he proceeded to constitute the investigation committee.This is against established law and practice.

On the part of the panel, they were appointed and paid to do bodge and botched jobs, which must be contrary to good conscience.

“They served the Deputy Governor on Friday around 10.45am and asked him to appear at 11am. In our letter to inform them that he needed time to prepare for his defence, in their desperation to do the job for which they were paid, they rejected the letter, sat on Saturday, and completed their task the same day.

“Where is the fairness here? Members of the committee are supposed to be men above board. You have a Reverend Father, JP, Alhaji among them. This is clear evidence that we are not yet ripe for democratic practice.”

The APC governorship candidate in Oyo state, Senator TeslimFolarin, in his reaction to the impeachment in a statement he personally signed, described it as illegal and lack of respect for the rule of law, vowing that Olaniyan who is a member of his party would appeal the impeachment in the Court of Appeal.

The ranking Senator representing Oyo Central Senatorial district, enjoined members of the state House of Assembly to remember that posterity would judge whatever they do today, stating that the process which they follow in removing the deputy governor contradicts the tenets of the Constitution.

With certainty that Olaniyan would contest his impeachment in court, analysts believe the outcome could not but further strengthen our democracy.