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From Oluseye Ojo, Ibadan
On Friday December 14, 2018, the political journey between Oyo State governor, Seyi Makinde, and w, the impeached deputy governor of the state, began officially on a good note.
It was the day that the Peoples Democratic Party (PDP) officially announced Olaniyan as the running mate to Makinde, who had before then, secured the party’s governorship ticket ahead of the 2019 general elections.
The then chairman of the party, Alhaji Kunmi Mustapha, who made the announcement during the inauguration of the campaign committee of the party, said that the decision to pick Olaniyan was arrived at after consultations with the party’s stakeholders and elders.
Olaniyan is a native of Igboho in Oorelope Local Government Area of Oke-Ogun zone of the state.
He had served as general manager, Oyo State Road Maintenance Agency (OYSROMA) during the tenure of Senator Rasidi Ladoja as governor between 2003 and 2007.
Prior to the time Makinde picked him as his running mate, Olaniyan was among the 13 gubernatorial aspirants of the African Democratic Congress (ADC) for the 2019 polls. Makinde picked him at the time there was a great turmoil in ADC over who was the winner of the governorship primary in the party. Many of the aspirants laid claims to being the authentic candidate of the party.
The 2019 elections came and gone, Makinde emerged the winner, and he formed his government with his deputy, Olaniyan. The mutual love between the two of them was so strong that Makinde assigned his deputy to represent him on a number of occasions at the meeting of Council of States in Abuja.
CRACKS IN THE WALL
Within two years, there were cracks in the cordial relationship between the two of them. But the real cause of the frosty relationship was not disclosed. The two of them patched the cracks and denied on several occasions that there was frosty relationship between them.
The cracks were noticed when Olaniyan would be physically present at an event and the governor would send either Chief of Staff, Secretary to the State Government, or a commissioner to represent him. Olaniyan was conspicuously absent without any apology from major PDP events, including the state congress and the governorship primary for the 2023 elections that produced Makinde.
But the duo denied any form of strained relationship, in spite of the fact that the love lost between them could literally be cut with a knife.
OLANIYAN DUMPS PDP FOR APC
However, the relationship could not be managed again in the second quarter of 2022. In the first week of June, this year, Olaniyan dumped PDP and joined the opposition All Progressives Congress (APC). He made the announcement in his private office at Ojoo, Ibadan, on Sunday June 5, this year.
The defection, however, put to rest insinuations trailing his frosty relationship with Makinde.
Olaniyan explained that he has constitutional right of free entry and exit of political parties, adding that he would remain the deputy governor of the state.
According to him, he had been under pressure from more than eight political parties, extending invitation to him.
He said that he took the decision after due consultation with his followers.
He asserted that he would continue to function in his capacity as the deputy governor of the state with Governor Seyi Makinde, as there is no legal provision that compels the deputy governor and governor to share the same political platform.
Olaniyan stated that his movement to APC was with the majority of his supporters and admirers across the state and beyond, who had stood with him during his period of consultation.
EMERGENCE OF NEW RUNNING MATE
The immediate reaction of the PDP to Olaniyan’s defection in a statement issued by the party’s Publicity Secretary, Akeem Olatunji, was that he should either “resign immediately or be impeached.”
But within 48 hours after Olaniyan dumped PDP for APC, the PDP named a former Commissioner for Justice, Adebayo Lawal, as the new running mate for Governor Makinde for the 2023 governorship poll.
As gathered, the decision to announce Lawal, who was until his emergence, the executive chairman, Oyo State Housing Corporation, was taken during a crucial meeting held by Governor Makinde, and leaders of PDP from Oke Ogun zone on Tuesday June 7.
Apart from Governor Makinde, PDP leaders from Oke-Ogun that were in attendance during the meeting, included state Chairman of the party, Dayo Ogungbenro; former state PDP Chairman, Alhaji Kunmi Mustapha; Chairman, State Advisory Council, Senator Hosea Agboola, as well as party elders and leaders from the Oke-Ogun region.
The closed-door meeting of the strategic stakeholders meeting was held at the Presidential Lodge, Government House, Oke-Oyinbo, Agodi, Ibadan. It was a follow-up to the earlier meeting, which the governor held with the Oke-Ogun PDP leaders and elders on Friday June 3, to decide, who would be his running mate for 2023 election.
The new running mate, Lawal, in his acceptance speech, said: “I received this honour and privilege to run with His Excellency, the Executive Governor of Oyo State, Engineer Oluwaseyi Makinde. It is a great honour and privilege. I am not taking it lightly. I am taking it with all seriousness.”
RELOCATION OF DEPUTY GOVERNOR’S OFFICE
Some days later, office of the deputy governor was relocated from the Governor’s Office to the Ministry of Environment, over the the political development.
It was a repeat of what happened in the last quarter of 2006 and May 2007, when the office of a former deputy governor of the state, Otunba Adebayo Alao-Akala, was moved to the same ministry, after the Supreme Court reinstated Senator Rashidi Ladoja, following his impeachment for 11 months in the state. Alao-Akala later became governor in 2007.
It was gathered that Olaniyan functioned from his private office between March and June, this year, following a midnight rainstorm that affected the roof and some parts of his official office then. When his office was relocated, Olaniyan resumed at the Ministry of Environment, saying he could operate from anywhere.
IMPEACHMENT MOVES
On Wednesday June 15, notice of impeachment was sent from the state House of Assembly to Olaniyan. Twenty-four among the 32 members of the House initiated the impeachment move against him.
A letter, dated June 9, was received on the same day in the Office of the Speaker, Adebo Ogundoyin, and it was entitled: ‘Petition and Notice of Allegations of the Deputy Governor of Oyo State, His Excellency Engineer Rauf Olaniyan.’
In the petition, read at the plenary on June 15, the 24 lawmakers levelled five allegations against Olaniyan, bordering on gross misconduct, abuse of office, financial recklessness, abandonment of office and official duty, and insubordination and other offences.
The petition was signed by all the 24 lawmakers, who are all members of the ruling Peoples Democratic Party (PDP) in the state.
The petition was read at the plenary by the Clerk of the House, Yetunde Awe. But only lawmakers, journalists and house officials were allowed into the legislative chamber to witness the plenary on that day.
The Speaker, Adebo Ogundoyin, in his reaction, noted that the petition met the two-third requirements to initiate the impeachment process against the deputy governor.
He said that the lawmakers would give the then deputy governor a seven-day ‘grace period’ to respond to the allegations, which ended on Wednesday June 22.
He, however, warned that failure to respond to the allegations within seven days could lead to the commencement of impeachment move.
The petition reads in part: ”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. Rauf Olaniyan with the following allegations: Gross misconduct, abuse of office, financial recklessness, abandonment of office, 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 following day, the clerk of the House wrote a letter to Olaniyan, informing him that 23 lawmakers actually signed the petition. It was gathered that one of the lawmakers withdrew his name and signature from the petition.
Within four days after the receipt of the impeachment notice, Olaniyan through his legal counsel, replied the query.
But he asked the lawmakers to be specific on the allegations raised against him. On the raised issue of financial recklessness, he said they should avail him with the specifics of instances.
OLANIYAN GOES TO COURT/JUDGMENT
But a new twist was introduced to the impeachment move when Olaniyan dragged the lawmakers to the state High Court, with a view to putting the process on hold.
The three defendants in the case were the Speaker of the Oyo State House of Assembly, the House of Assembly, and the Clerk of the house.The case came up before Justice Ladiran Akintola at the High Court 7, Ring Road, Ibadan.
The lead counsel to Olaniyan in the case was Chief Afolabi Fashanu (SAN), while Otunba Kunle Kalajaiye (SAN) stood for the three defendants.
After three adjournments, Justice Ladiran Akintola fixed July 26, 2022 for judgment in the case. But the judgment was fast-tracked based on the urgency of the matter and it was eventually delivered on Thursday July 14.
The case filed by Olaniyan was dismissed on the grounds that the legislature substantially complied with the provisions of Section 188 of the 1999 Constitution, though there is a stage where the court could intervene if there is a breach of the constitutional provisions. The court also validated the impeachment procedures.
In less than one hour after the judgment was delivered, the lead counsel to Olaniyan, Fashanu filed notice of appeal and application for stay of execution of the judgment. He was optimistic that the Chief Judge would not go ahead to set up the panel based on the notice of appeal and application for the stay of execution.
SEVEN-MAN INVESTIGATIVE PANEL
It was on the same Thursday July 14 that the Chief Judge of the state, Justice Munta Abimbola, set up a seven-man investigative panel to look at the allegations raised against Olaniyan. The setting up of the panel was in response to the directive to Abimbola by the House of Assembly on Thursday July 6 that he should do so.
The court’s Information Officer, Mrs Comfort Udoh, stated that the panel was set up “pursuant to the resolution of the House of Assembly of Oyo State, and as requested by the Honourable Speaker of the House, Adebo Ogundoyin by a letter dated 6th July, 2022, and by the virtue of power conferred on his lordship by Section 188 (5) of the 1999 Constitution of Federal Republic of Nigeria.
“The delay in the inauguration of the members of the panel of investigation was due to the pending suit against the impeachment of the Deputy Governor of Oyo State, which judgment was delivered on 14th July, 2022 by Hon. Justice A.L. Akintola, who dismissed the claim of the deputy governor.
“After various consultation with communities in the state, such as Muslim community, Christian community, Justice of peace (JP) and legal profession, Chief Kayode Christopher (chairman), Arc. Adebisi Soyombo, Chief Lawal Adekunle Dauda, Princess Olanike Olusegun, Rev Fr. Patrick Ademola, Chief Mrs Wuraola Adepoju (JP), Alh. Tirimisiyu Akewusola Badmus, having being found worthy to be men of unquestionable integrity, not being members of any public service, legislative house or political parties have been constituted to investigate the allegations against the deputy governor as provided under Section 188(5) of the constitution of Federal Republic of Nigeria.
“The Chief Judge, therefore, urged members to have the fear of God and act in accordance with their conscience and to be fair and just in the discharge of their duties.”
The panel on Friday July 15 summoned Olaniyan to appear before it. But the letter of invitation was delivered to him by 9:45a.m and he was asked to appear by 11:00a.m. However, his legal team quickly sent a correspondence to the panel that Olaniyan needed time to appear before the panel. The sitting could not hold on that Friday.
When the sitting was eventually held on Saturday July 16, Olaniyan was not represented. The panel concluded its sitting on the same day and prepared its report, which was sent to the Chief Judge and was also transmitted to the legislature.
Investigation revealed that a contractor that was awarded the job to renovate the deputy governor’s official lodge was a witness before the panel.
He accused Olaniyan of diverting a part of the project money into his private account. But Olaniyan has not responded to the allegation specifically, and he was not represented before the panel.
IMPEACHMENT, CONFIRMATION, SWEARING-IN OF NEW DEPUTY GOVERNOR
The House of Assembly held a plenary on Monday July 18, and removed Olaniyan from office as deputy governor. The lawmakers went on a short recess and resumed the session barely one hour after. Then, the Speaker informed the House that the executive arm sent a letter, which he said, was a response to a letter written to the same executive arm that Olaniyan has been impeached as deputy governor. He read the letter from the executive and it was a letter of nomination from Governor Seyi Makinde for the House to confirm Adebayo Lawal as deputy governor. The confirmation was done immediately.
By 4:00p.m on the same Monday, the Chief Judge of the state, Justice Munta Abimbola, swore-in Lawal as new deputy governor of the state. The swearing-in ceremony was held at the Executive Council Chambers of the Governor’s Office, Treasury Building, Agodi, Ibadan, in the presence of Governor Makinde, Speaker of the House of Assembly, Adebo Ogundoyin, and top government officials.
OLANIYAN, APC, PDP REACT
The impeached deputy governor, Olaniyan, in his immediate reaction, said he was not given fair hearing by the investigative panel.
Speaking through his legal counsel, Chief Afolabi Fashanu (SAN), he stated: “The investigation by the committee set by Honorable Chief Judge is a charade that cannot stand the test of time. In the first instance, the Honorable 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 10:45 and asked him to appear at 11:00 a.m. We wrote to inform them that His Excellency 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?
“The members of the committee are supposed to be men above board. You have a Reverend Father, JP (Justice of Peace), Alhaji among them. This is a clear evidence that we are not yet ripe for democratic practice.”
But to the 2023 governorship candidate of APC in the state, Senator Teslim Folarin, the removal of Olaniyan from office as deputy governor was illegal and lack of respect for the rule of law.
He also appealed to members of APC in the state to remain calm.
Folarin, who advised the Oyo State Assembly’s legislators to remember that posterity would judge whatever they do today, said the process, which they followed in removing the deputy governor contradicts the tenets of the Constitution.
The third-term senator argued that the investigative panel showed it lacked integrity.
He described the lawmakers’ action as a pure disregard to the laws of the country because a service of notice of appeal and application for injunction is pending when the Chief Judge proceeded to constitute the investigation committee.
LAST LINE
The campaign period ahead of the 2023 general elections will be interesting.
The PDP will try to ensure that Olaniyan does not spoil their chances in the 10 local government areas of Oke-Ogun.
A source in PDP also said that he was impeached so that he would not use the instruments of office, which he got on the platform of PDP, to campaign for APC.
However, Olaniyan, who is a frontline political player in Oke-Ogun, may be preparing to use the secrets he knew when he served in the government to campaign for APC when the time comes.
