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Akeredolu: Calls Intensified To Declare Ondo governor Incapacitated
For the past couple of weeks, the call for the resignation of Governor Rotimi Akeredolu has been growing louder as the governor continues to govern Ondo State from far away Ibadan in Oyo State.
The governor has been in Ibadan since he returned from a medical trip in Germany and many in the state believe that governance in the Sunshine State has been on auto-pilot.
Akeredolu left Nigeria on June 13, 2023, for medical treatment in Germany and spent about three months before he returned to Nigeria on September 9. He had earlier notified the Ondo State House of Assembly that he would be taking a 21-day leave and transmitted power to his deputy to govern in an acting capacity.
Upon his return, the governor is yet to set foot in Akure, the state capital, instead, he is staying at his personal residence in Ibadan.
The First Lady, Betty Anyanwu-Akeredolu, has been accused of pulling the strings to allow the husband to continue the stay in power despite the reported ill health.
Ondo State has been in political turmoil since the governor returned from his medical trip as his loyalists are making frantic efforts to remove the deputy governor of the state for actions taken during the absence of Mr Akeredolu.
Move to impeach Deputy Governor
Lucky Aiyedatiwa is currently fighting to survive the ongoing political battle as loyalists of Mr Akeredolu are making moves to remove him.
The travails of the deputy governor commenced when Mr Akeredolu returned to the country, and all media aides in the office of the deputy governor were sacked.
The loyalists of the governor in the State Assembly listed 14 offences committed by Mr Aiyedatiwa, including “gross misconduct, abuse of office with actions likely to bring down Ondo State Government, financial recklessness, publication in print media by your media aides maligning the credibility of the Governor, etc”.
The impeachment move has sidelined the deputy governor, who has been fighting in the courts.
The intervention by the National Working Committee of the APC appears to have slowed down the move but the deputy governor seems to have been relegated completely.
However, in the past couple of weeks, the attention has shifted away from the deputy governor to Mr Akeredolu. Ironically, the governor, who was the President of the Nigerian Bar Association during the sickness of Umar Musa Yar’Adua, was very vocal in the call for the resignation of the then-president over his health.
“No matter how much you love your country, it should not be at the detriment of your health. It is not your party or your wife that will decide whether you are capable of handling state matters; it is only your doctors that can decide that. The bar is not asking the president not to come back and take his seat, but the right thing must be done,” Akeredolu had said in 2010.
Steps to declare Akeredolu incapacitated
Kennedy Peretei, the National Publicity Secretary of the Ondo State PDP, had called for the impeachment of the governor for violating the constitution.
“The time has come for the Ondo State House of Assembly to immediately begin the impeachment process of Rotimi Akeredolu, SAN, for violation of the 1999 Constitution of the Federal Republic of Nigeria as amended.
“It is no longer news that Ondo State has been on auto-pilot for nearly six months, grounding all activities of the government due to the ill health of the Governor,” he said in a statement.
However, the Assembly has consistently defended Mr Akeredolu and ignored any call for action.
According to legal experts, in the case of health challenges, the first move to remove the governor must start from the commissioners, who have the power to declare that the governor is incapacitated.
Rasheed Bakare, a legal practitioner in Abuja, explained to DAILY POST that Section 189 of the 1999 constitution provides the steps to be taken before a governor or deputy governor can be declared incapacitated to continue in that office.
According to section 189 of the Nigerian Constitution, only the commissioners of Ondo State can trigger the process of declaring Mr Akeredolu incapacitated.
The first step is that 2/3 of the state executive council must resolve that the Governor is incapacitated to continue in office.
“189. (1) The Governor or Deputy Governor of a State shall cease to hold office if, by a resolution passed by a two-thirds majority of all members of the executive council of the State, it is declared that the Governor or Deputy Governor is incapable of discharging the functions of his office,” the constitution reads in part.
After the resolution by the body of commissioners, the constitution provides that the speaker must set up a panel to examine the health status of the governor.
The medical panel must comprise five medical practitioners, including the physician of the governor. The panel must determine that the “Governor or Deputy Governor is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the Speaker of the House of Assembly shall be published in the Official.”
Once the report has been submitted to the speaker, it must be published and the governor is officially removed.
Mr Bakare told DAILY POST that as the law stands, it is going to be difficult to remove Mr Akeredolu or any other governor in Nigeria on the basis of section 189.
According to the legal practitioner, since the Governor appointed the commissioners, it will be hard for them to recommend the removal of their boss.
“The challenge with section 189 is that it is hard to see a commissioner that will say ‘My boss, the governor is sick and unable to perform, so let us pass a vote to that effect’. It is hardly done. In fact, that provision needs amendment.
“Who appoints the commissioners? The governor. For them to pass a vote against the governor, owing to the infirmity of the mind or body— they won’t. It hardly occurs,” he said during a phone interview.
Last week, 33 out of the 35 State Executive Council members passed a vote of confidence on the ailing governor and declared their loyalty to him.
Only the Commissioner for Energy and Mineral Resources, Razak Obe, and the Commissioner for Commerce, Industry, and Cooperative Services, Akin Sowore did not sign the document.
There are indications that politicians in the state prefer to wait for the next election which is in November 2024. The primary election is scheduled for April next year.
News
I Delivered $15m Agency Cash To Ex-NIMASA DG Akpobolokemi, EFCC Witness Tells Court
A prosecution witness, Captain Ezekiel Bala-Agaba, testified in a Lagos Federal High Court on Thursday, that he personally delivered $15 million in cash to former NIMASA DG, Patrick Akpobolokemi.
The witness, Bala-Agaba, a former Executive Director of Maritime Safety, Shipping Development and Marine Operations at NIMASA, made the disclosure while testifying before Justice Ayokunle Faji of the Federal High Court in Lagos.
Captain Agaba, who appeared as the 15th prosecution witness, told the court that funds meant for pipeline surveillance were withdrawn from NIMASA’s accounts, converted into dollars, and handed over to Dr Akpobolokemi.
According to him, the money was taken to a Bureau de Change, which converted it into $15 million before the cash was delivered to the NIMASA office on Burma Road, Apapa, Lagos.
He said he subsequently took the money to the office of the then Director-General.
“The money was sent to a Bureau de Change, which later brought the dollar equivalent to our office at Burma Road, Apapa, Lagos. I asked my Personal Assistant, Ekene Nwakuche, to carry the bag and follow me to the Director-General’s office,” he told the court.
The witness explained that he collected the bag from his aide before entering the office.
“When we got to the door of the Director-General’s office, I collected the bag from him and asked him to wait outside. I then personally delivered the sum of $15 million to the Director-General.”
The witness was initially a defendant in the case but later opted to testify for the prosecution.
While being led in evidence by prosecuting counsel, Suleiman Suleiman, he explained the chain of command within NIMASA and how financial approvals were processed in the agency.
According to him, the Director-General is the overall head of the agency and issues instructions to directors, who then implement policies in line with the NIMASA Act.
He told the court that he chaired the agency’s Intelligence Committee, which was responsible for certain security-related operations.
“As chairman of the committee, I oversaw its activities and reported directly to the Director-General, Dr. Patrick Akpobolokemi,” he said.
During the proceedings, the witness was also shown a document containing a letter from Access Bank to the Economic and Financial Crimes Commission (EFCC) detailing transactions in NIMASA’s accounts between 2013 and 2015.
When asked how much money he took to the former Director-General, Agaba replied: “$15 million.”
After listening to the testimony, Justice Faji adjourned the matter until April 22 and 23 for cross-examination of the witness.
The EFCC had in December 2015 arraigned Dr. Akpobolokemi and seven others before the court on a 30-count charge bordering on conspiracy, fraudulent conversion of funds and money laundering.
Those charged alongside the former NIMASA boss include, Warredi Enisuoh, Governor Juan, Ugo Frederick, Timi Alari, as well as Alkenzo Limited and Penniel Engineering Services Limited.
They pleaded not guilty to the offences.
The anti-graft agency alleged that the defendants conspired to divert funds running into over N1.15 billion under the guise of providing security intelligence in Nigeria’s maritime domain.
According to the EFCC, the NIMASA Intelligence Committee allegedly received N1,153,000,000 between December 2013 and July 2015.
Investigations further revealed that several companies contracted to execute the intelligence operations were either unregistered or lacked the capacity to perform the services, while some were allegedly linked to the defendants.
The prosecution also alleged that the defendants nominated or owned many of the companies used to execute the contracts.
One of the charges stated that the defendants conspired to commit offences punishable under the Money Laundering (Prohibition) Act, 2012.
News
CBN Bars Chronic Loan Defaulters from Accessing New Banking Services
The Central Bank of Nigeria (CBN) has issued a directive to all financial institutions to immediately restrict certain banking services for large-ticket borrowers with non-performing loans (NPLs).
This move is aimed at strengthening credit discipline and protecting the stability of the Nigerian financial system following a rise in the industry’s NPL ratio to approximately 7%, exceeding the regulatory 5% threshold.
This order is specifically targeted at large-ticket obligors.
The CBN issued the directive in a circular to banks on Monday.
The latest instruction comes almost a week after the CBN asked financial institutions to stress test.
It is uncertain if the two directives are connected or what may have triggered the loan-related instruction, but the apex bank said it furthers its mandate to protect Nigeria’s financial system.
“In furtherance of its mandate to promote a sound financial system, protect depositors, and enhance prudential compliance within the banking sector, the Central Bank of Nigeria (CBN) hereby directs all banks to restrict non-performing large ticket obligors, whose activities pose systemic risk to the financial system, from accessing specified banking services,” the circular reads in part.
“Any large-ticket obligor with a non-performing facility recorded in the CRMS and/or any licensed private credit bureau shall not be granted additional credit facilities. For the purpose of this restriction, credit facilities include loans and other forms of direct credit.
“In addition, such obligors shall not be granted banking facilities or contingent liabilities such as bankers’ confirmations, letters of credit, performance bonds, or advance payment guarantees.”
News
Makinde Only In PDP Because He’s Not Seeking Re-election – Otitoju
Babajide Kolade-Otitoju, the Director of News at TVC News, recently stated that Oyo State Governor Seyi Makinde would likely have defected from the People’s Democratic Party (PDP) if he was still serving his first term.
Otitoju stated this on Friday on TVC’s ‘Breakfast Show’.
He described the National Convention of the Peoples Democratic Party, PDP, in Ibadan last November as a mere waste of time.
“People must show good judgment at a critical phase. What was the point of having that convention? Two courts told you not to go ahead but you went ahead.
“I may not be a fan of former Senate President Bukola Saraki but if he says something that makes sense, I will be the first to admit it. He made sense when he said let’s go for caretaker. What’s the point of not listening to him?
“Later you will be shouting that the ruling party is behind your crisis, meanwhile you are the architect of your own misfortunes. You created this problem.
“If Makinde were in his first term, he would have fled like the dancing governor because his second term would have been in danger,” Otitoju said.
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