Fayose must go movement begins in South-West as Falana justifies Fayose Impeachment notice on Fayose
The orchestrated move to ensure Governor Ayo
Fayose must be sacked from Ekiti government house has started.
A Lagos-based lawyer, Mr. Femi Falana (SAN), has
advised the Ekiti State governor, Ayo Fayose, to take the impeachment notice
served on him by the 19 All Progressives Congress members of the state House of
Assembly seriously, saying the notice is valid before the law.
Citing sections 91, 96 and 188 of the country’s
constitution, Falana explained that what was required to serve an impeachment
notice was one-third of the members of the assembly, noting that the 19 members
that signed the notice were more than the one-third of the total legislators
required by the constitution.
He added that the constitution did not also
stipulate that the impeachment notice must be signed in the Assembly chamber.
“Once the governor receives the notice, it has to
be taken seriously because impeachment is a serious matter in the Constitution.
That is why I am advising the governor to take this matter very seriously. He
should seek legal advice on this matter,” Falana said.
The impeached Speaker of the Ekiti House of
Assembly, Dr. Adewale Omirin, had said that the 19 APC lawmakers had served a
notice of impeachment on the governor.
In a telephone conversation with our
correspondent, Falana pointed out that in a democratic system of government,
the majority would have its way while the minority would have its say.
He stressed that the 19 APC members that served
the notice on the governor met the constitutional provision for impeachment.
Falana said, “Section 96 (1) says the quorum of a
House of Assembly shall be one-third of all the members of the House. In the
case of Ekiti, the very least that can sit is eight members.
“Section 188 says that whenever a notice of any
allegation in writing is signed by not less than one-third of the members of
the House of Assembly and is presented to the Speaker that is known to law, the
Speaker shall, within seven days of the receipt, cause a copy to be served on
the governor or the deputy governor. That is enough to put the engine in motion
for the impeachment of a governor. The constitution does not say the letter
must be signed in the House.
“And from the look of things, that constitutional
provision has been met. I do hope that the governor will take this notice very
seriously, and react under the law.”
Fayose must go movement begins in South-West as Falana justifies Fayose Impeachment notice on Fayose
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Thursday, April 09, 2015
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