The Ekiti State government has issue an arrest warrant for former Governor who is now Buhari’s Minister, Dr. John Kayode Fayemi over non-appearance on allegation of corruption. This is the letter below.
ISSUANCE OF WARRANT OF ARREST AGAINST DR JOHN KAYODE FAYEMI, THE MINISTER OF MINES AND STEEL DEVELOPMENT OF THE FRN BY THE EKITI STATE HOUSE OF ASSEMBLY.
Gentlemen of the Press.
We invited you here today to keep the public informed about recent developments happening in Ekiti State particularly having to do with the Finance of the State During the tenure of Dr Kayode Fayemi, a former governor of Ekiti State who is now a minister of mines and steel development of the federal republic of Nigeria.
The Executive arm of govt reported Dr Fayemi to the 5th assembly on February 2nd 2016 on allegations of fraud committed during his tenure.
These allegations included financial mismanagement, misaplication and misappropriation of funds, diversion of LG funds, contract splitting and criminal mismanagement of the UBEC counterpart fund described as a serious financial crime by Dr Dikko Suleiman, the executive Secretary of UBEC , which has made UBEC to blacklist EKITI state since 2013 under section 9 (B) of UBEC Act 2004, with serious collateral damages on the education sector, the pupils, teachers, parents and local contractors.
Among the allegations listed are the following ;
1. Urban renewal planting of flowers with more than 50% contract sum paid to phoney contractors with no flower seen on the streets of Ado.
2. The criminal withdrawal and spending of N852M UBEC counterpart fund from the matching account at Access Bank with acct number 0065385694, few days to the expiration of his tenure, contrary to section 11 (2) of UBEC Act 2004.
3. The fraudulent Payment of 30% contract sum to the construction of the New Governors office with no work done.
4. The payment of N24M for the construction of 28 open market stalls at Awedele, Ado Ekiti with no work done.
5. The diversion of local govt funds and forcing the repayment of N1.3BN loan obtained from First Bank on the local govt without due process for the purchase of 156 vehicles for the royal father’s when their actual number is 131 across the state.
5. The contract splitting on the spending of the N25B Bond from 26 listed projects to 36 projects without budgetary approvals by the house of assembly.
6. The multiple frauds on the construction of Oke Ayoba, Civic Centre and the Pavillion through the hurriedly created Bureau of special. Projects rather than the statutory ministry of works expected to handle such projects and the immediate disbandment of this bureau at the expiration of the tenure of Dr Fayemi with poor documents handling of contract details and payments made to contractors. Etc
These are but a few.
After receiving the petition from the executive arm of govt, this house went to work through the public account and public petitions committee to look into these allegations after which we also found several greys areas that require clarifications and return of funds spent illegally to the coffers of EKSG by the Fayemi administration .
On this premise, the EKHA on the 8th of March 2016 sent an invitation to Dr John Kayode Fayemi to answer questions on these allegations.
He did not turn up.
We waited for 7 months after which we wrote a petition to the EFCC based on these allegations against Dr Fayemi and up till now, the petition has remained in the cooler.
When the EFCC was not forthcoming, we sent a second invitation letter to Dr Fayemi on November 29th 2016 and true to type, he failed to honour the invitation.
After this, we went back to the EFCC to submit a reminder on 30th of January 2017 and up till now, we haven’t heard from them.
The EKHA being advocates of due process and orderlines, sent a third invitation to Dr Fayemi on February 2nd 2017 to appear today and true to type and as you can see, he failed to honour this institution established based on the rule of law.
Let it be known that Governor Kayode Fayemi must clear himself of these allegations of financial mismanagement and corruption levied against him by UBEC and Other MDAs as reported to the States House of Assembly by the appropriate authorities and this house of assembly representing the Ekiti people won’t accept anything less.
The EKHA has a responsibility under section 129 of the 1999 Constitution of the Federal Republic of Nigeria to summon anybody to the chamber based on its powers on matters of evidence and most especially on corruption allegations.
Rather than playing to the gallery, John Kayode Fayemi should have turned up today, Tuesday and honour the properly sent 3 invitations backed by the constitution of the Federal Republic of Nigeria.
In civilised cultures which Dr Fayemi claimed to represent, the President ought to have sacked him by now for putting disrespecting the Laws of the FRN which the President took an oath to protect and it is on this note that we counsel the APC led federal govt to live by Example on the anti corruption crusade rather than living with corrupt officials in govt.
Dr Kayode Fayemi having held offices which are products of the law can’t be above the Law.
Part 1 Section 1 of the 1999 constitution as amended says this constitution is supreme and it’s provisions shall have a BINDING force on all authorities and PERSONS throughout the Federal Republic of Nigeria.
Section 129 (1) of the Constitution provides that; “a house of assembly shall have power to;
A. Procure all such evidence, written or oral……
B. Require such evidence to be given on oath. ..
C. Summon any PERSON in Nigeria to give evidence or produce any document……
The EKHA in exercise of its power under Section 129 (1) C of the constitution of the FRN today has fulfilled all obligations under the law in respect of exhausting all methods allowed by law, by sending 3 clear invitations to Dr Fayemi between March 2016 and February 2017, a period of 1 year to appear before this institution which he had stubbornly snubbed.
Failure by Dr Fayemi to honour these 3 invitations left the house with no option than to invoke section 129 (d) of the constitution by issuing a Warrant of Arrest against Dr Kayode Fayemi.
Section 129, d, of the Constitution of the FRN as amended says; “the house of assembly shall issue a warrant to compel the attendance of any PERSON who, after having been summoned to attend, fails or refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the house of assembly and also order him to pay all costs incurred during the invitations and also impose fines as prescribed for such failure, refusal or neglect and such fine shall be recoverable in the same manner as a fine imposed by a COURT OF LAW.”
Dr Fayemi is fast becoming a trail blazer in putting his face to the laws of our land which comes with dire consequences.
Consequent upon this, this house in Exercise of its powers under Section 129 (1) d of the 1999 Constitution hereby issue a Warrant of Arrest against Dr John Kayode Fayemi, who is a minister of mines and steel development of the federal republic of Nigeria and subsequently directive the Inspector General of Police (IGP) through the Comisioner of Police in Ekiti State or through their agents or through the Interpol to immediately commence a thorough search for the wanted subject herein Dr Kayode Fayemi and arrest him wherever and whenever, without delay and produce him to the Speaker of the Ekiti State Houuse of Assembly as empowered by the constitution of the FRN.
A perpetual law breaker who constitutes himself as an embarrassment to the House of Assembly by his refusal to honour the constitution of the Federal Republic of Nigeria lacks any moral jurisdiction to hold on to positions established under the same constitution.
This honourable house will take further actions against Dr Kayode Fayemi as guided by the laws of our land.
Hon. Dr Samuel Omotoso
Chairman, House Committee on Information.