I feel constrained to write you this letter on recent
developments in Ekiti State, efforts by the Federal
Government to bring about peace and harmony and the
inevitable resort to the last constitutional option open
to me: The imposition of a State of Emergency.
We have all made personal and collective sacrifices
not just to enthrone peace, stability and democracy in
Nigeria but also to consolidate our democratic
enterprise and cultivate new values. It is, therefore,
very painful when that new collective commitment to
democracy, peace and security is compromised,
contaminated or truncated in any way or form.
At this stage, it is the belief of government, based
on available security reports, as well as visible
evidence on ground, that the situation in Ekiti State,
to say the least, constitutes a challenge to our
democracy, negates the norms of rational human
interaction, contradicts the tenets of civil society,
and devalues opportunities for peace, stability,
co-existence and social justice. It constitutes a grave
threat to law and order and a great danger to security
in Ekiti State.
It is, therefore, clearly a great threat to the
security and unity of Nigeria.
Let me give you some insights into direct efforts
made by me and the leadership of our party, the PDP.
After the Economic and Financial Crimes Commission, (EFCC),
had submitted its report on Governor Ayo Fayose's proven
corrupt acts, I summoned the leadership of the party for
the consideration of the report. We concluded that Ayo
Fayose could no longer put himself up as a gubernatorial
candidate of PDP, anywhere in the country. We made him
to understand this point, which he accepted.
Secondly, we made him to understand that he had to
face up to EFCC's follow-up actions. The State House of
Assembly requested the EFCC for the report. On receipt
of the Report, the State House of Assembly decided that
they would carry out their duty and responsibility.
Nobody in the face of the Report stopped them from
carrying out their constitutional responsibility as they
deemed fit. At this stage, to save the State from the
agonising experience of impeachment, some leaders of the
Party at State and national levels counselled Ayo Fayose
to resign but he decided to see the impeachment process
through.
Mr. Senate President, the situation in Ekiti State
which culminated, on Monday, in the Speaker of Ekiti
State House of Assembly being sworn in as Acting
Governor is patently unconstitutional and, on that same
day, the Attorney-General of the Federation issued a
statement to that effect. Let me say from the onset
that, for us at the Federal Government level, the issue
is not the constitutional right of a State House of
Assembly legitimately removing the State Chief Executive
or Deputy Chief Executive for misconduct. The issue
clearly is the due process and the constitutional and
legal procedure to be followed without violating the
Constitution and without breaching the rule of law. As
at today, we have three people laying claim to the
governorship of the State - a State of anarchy.
I am sure that you can fully appreciate the grave
situation I have described thus far. You can also see
evidence of gross abuse of rule of law. This must not be
allowed to crystallise and to be consolidated. The time
to save our democracy from being undermined and badly
eroded is now. We must save our democracy and preserve
our Constitution and that was the oath of office I took.
We must save Ekiti State from anarchy.
From what is on ground at the moment, we need to take
very serious action.
Mr. Senate President, the Nigerian Constitution 1999
foresees the ultimate of emergency in part or all of
Nigeria and provides for it as the last resort.
Therefore, by virtue of Section 305 of the Constitution
of the Federal Republic of Nigeria (1999), I have to
declare a State of Emergency in Ekiti State with effect
from today, 19 October 2006. This declaration has been
published in a Federal Gazette as of today.
The Governor and his Deputy by this declaration,
cease to be in charge of the affairs of Ekiti State for
six months in the first instance. An Administrator to
manage the affairs of Ekiti State in the person of
Brig-Gen. Tunji Olurin is nominated.
The Ekiti State House of Assembly also ceases to
exist as the formal legislative body of the State with
immediate effect. Having a State Assembly in position
under a State of Emergency is incongruous and may not
allow for the expeditious actions that the Administrator
will need, to put the State back into a situation of
peace, harmony, security for all and maintenance of law
and order throughout the state.
It is the hope of the Federal Government that the
Administrator will not need new laws for the
administration of the State. But if he does, it will be
in the form of a regulation, which he will submit to the
President for consideration by the Federal Executive
Council and promulgated by the President for the State.
The decision to impose a State of Emergency in Ekiti
State was based on the collective desire to strengthen
our democratic practice, institutions, and values. This
decision would, without doubt, enhance security as well
as protect the stability and corporate existence of our
nation for which many have died.
It is my hope and prayer that this six-month period
will be used by the Administrator and all peace-loving
people in and outside the State to bring peace and join
hands to promote democratic values and enshrine the
values of transparency, accountability, social justice,
love, good neighbourliness and good governance.
I thank you for your understanding and appreciation of
the reasons why the State of Emergency had to be
imposed in Ekiti State. I am certain that we shall all
come out of this stronger, more united and more
committed to democracy and good governance.
*Whereas there is a manifest collapse of the orderly
machinery of government in Ekiti State of Nigeria;
*Whereas the Government of Ekiti State has been
incapable of managing the situation as there is no
discernible constitutional authority in place in Ekiti
State of Nigeria;
*Whereas there is a clear and present danger of an
actual breakdown of public order and public safety in
Ekiti Sate of Nigeria, which require extraordinary
measures to avert such danger;
*Whereas there is a clear and present danger of the
crisis in Ekiti State which, if left unchecked, could
degenerate, leading to massive loss of lives and
property and create serious humanitarian calamity within
and outside the State;
*Whereas extraordinary measures are required to
restore peace, security, order and discernible authority
in Ekiti State;
*Whereas the President and Commander-in- Chief of the
Armed Forces of the Federal Republic of Nigeria has
published and transmitted copies of the Official Gazette
of the Government of the Federation containing the
proclamation, including the details of the emergency to
the President of the Senate, in accordance with Section
305 of the Constitution of the Federal Republic of
Nigeria;
*Whereas this matter is of serious concern to the
Senate and the generality of Nigerians;
Be it resolved, and it is hereby resolved:
*That this distinguished Senate do hereby invoke the
powers conferred on it by Section 305 (2) and (6b) of
the Constitution of the Federal Republic of Nigeria and
do approve the Proclamation of State of Emergency in
Ekiti State of Nigeria by the President, Commander in
Chief of the Armed Forces of the Federal Republic of
Nigeria.