Ekiti State House of Assembly has petitioned the NHRC, National Assembly,
Amnesty International, Embassies of the United
States and the United
Kingdom over the alleged plot by the Federal Government
to prevent Governor Fayose from traveling outside Nigeria without getting clearance
from the DSS.
“A few weeks ago, our governor was reliably informed that President
Mohammadu Buhari had directed that he should be banned from traveling outside Nigeria .
This reliable information was to be confirmed through reports in two
major national dailies on Sunday, May 29, 2016 titled; ‘2 govs under watch,
face travel ‘. “From our findings, one of the governors being referred to is
our own governor, Peter Ayodele Fayose and we wish to state like we have always
done that we, the members of Ekiti State House of Assembly are with the
governor on everything that he does.
“Even ordinary Nigerians do not require clearance from the Department of
State Services (DSS) or any security agency to travel outside Nigeria unless
in compliance with court order, and as at today, there is no court order
placing travel restriction on our governor, Ayodele Fayose. Issues concerning
Governor Fayose cannot even be entertained in any court by virtue of the
immunity he enjoys as provided in Section 308 of the 1999 Constitution (as
amended).
“We however know as always that this latest plot is as a result of our
governor’s critical stance on President Mohammadu Buhari’s government and its
anti-people’s policies, and we make bold to say that no amount of intimidation,
harassment and oppression will cowed the governor from exercising his fundamental
rights to freedom of expression and to hold opinions as enshrined in the 1999
Constitution of Nigeria (as amended).
“We are aware that this is coming as a result of the failure of the
President Buhari led APC government’s plot to use the DSS to coerce the House
of Assembly members into the plot of removing the governor.
“We are also aware that plot to out-rightly take the governor ‘out of
circulation’ cannot be ruled out as those advising President Buhari are said to
be of the opinion that our governor has become a threat to his (Buhari)
re-election bid and that everything must be done to ‘whip the governor to line’
before 2018.
“Going by the antecedents of the President Buhari-led Federal Government
of Nigeria
and the DSS under the President’s kinsman, Alhaji Lawal Daura, it is certain
that there is nothing that cannot be attempted, no matter how unlawful.
“It should be recalled that this same DSS invaded the hallowed Chamber of
the House of Assembly in our State, abducted our member, Hon Afolabi Akanni and
kept him in detention for 18 days without access to anyone. Even when the court
ordered that he should be released, the order was ignore. Up till today, no
explanation was given for this arrest and detention.
“It should also be recalled that on April 20th, 2016, the Federal High
Court, Ado-Ekiti, in Suit No. FHC/AD/CS/7/2016 ordered the DSS to pay a sum of
N5 million to Hon Afolabi Akanni as damages for what the court termed unlawful,
illegal and unconstitutional infringement of his fundamental rights. Up till
today, that judgment has not been obeyed by the DSS.
“It is therefore on the premise of display of arrogance and contempt for
the laws of the country by the DSS under President Buhari that we elected to
bring this latest plot to place Governor Ayodele Fayose on travel ban to your
attention.
“It is worrisome that the federal government will consider the idea of
compelling a sitting governor in Nigeria
that enjoys Constitutional Immunity like the President to obtain clearance from
the Director General DSS, who is an appointee of the President before
travelling out of Nigeria .
“This to us is an affront on the 1999 Constitution of Nigeria (as
amended) more so that States, as federating units in Nigeria are not under the
Federal Government, which itself is also a State and not superior to other
federating units.
“Section 35 (1) of the 1999 Constitution (as amended) provides that;
‘Every person shall be entitled to his personal liberty and no person shall be
deprived of such liberty,’ Section 39 (1) provides that; ‘Every person shall be
entitled to freedom of expression, including freedom to hold opinions and to
receive and impact ideas and information without interference,’ while Section
41 (1) provides that ‘Every citizen of Nigeria is entitled to move freely
throughout Nigeria and to
reside in any part thereof, and no citizen of Nigeria
shall be expelled from Nigeria
or refused entry thereto or exit therefrom.’ “Article 13 (1) of the Universal
Declaration of Human Rights to which Nigeria is a signatory provides that “Everyone
has the right to freedom of movement and residence within the border of each
State while Article 13 (2) provides that ‘Everyone has the right to leave any
country, including his own, and return to his country,’ ditto Article 12 (2) of
the African Charter on Human and Peoples’ Rights.
“By provisions of the Constitution of Nigeria, ordinary Nigerians do not
require clearance from the DSS or any security agency to travel outside Nigeria unless
travel restriction is placed by an order of the court, not to talk of State
Governors that enjoy immunity just like the President and are not under the
control of the President.
“Our question is; if Governor Fayose has become a threat to the security
of Nigeria just because he criticises President Buhari and says the truth about
his mis-governance of the country, what happens to Section 39 of the 1999
Constitution of Nigeria (as amended), which provided for freedom of expression
and freedom to hold opinions?
“Most importantly, under a federal system of government, the states and
national government both enjoy some autonomy, with sovereign power formally
divided between the national government and the States such that each State
retains some degree of control over its internal affairs.
“However, it appears that the laws of Nigeria are not important to the
President Mohammadu Buhari led government and it has become once again
necessary that we bring your attention to yet, another plot to subvert our
rights as a State.
“We wish to recall that in 1984 when President Buhari was a military Head
of State, late Chief Obafemi Awolowo was prevented from travelling outside Nigeria for
medical treatment, thereby leading to his (Awolowo) untimely death in 1987!
“The international passports of late Ooni of Ife ,
Oba Okunade Sijuwade; late Emir of Kano Alhaji Ado Bayero and late Obi of
Onitsha, Ofala Akulalia Alphonsus Ogugua were also seized and they were
restricted to their palaces just because they travelled to Israel for
business.
“We therefore wish to state on behalf of Governor Ayodele Fayose that as
an opposition figure, he cannot be cowed by this pettiness from the presidency.
The National Human Rights Commission is by this letter being put on notice that
Governor Fayose will travel out of Nigeria anytime he wishes to and attempt to
stop will be a direct invitation to breakdown of law and order.
“It is our considered view that President Buhari should rather concern
himself with the growing insecurity in the country and charge the security
agencies, especially the DSS to perform their functions as enshrined in the
constitution instead of running after petty issues. “The President should be prevailed
upon to focus his attention on the economy of Nigeria that is almost collapsing
and stop using his position to oppress other Nigerians. “Thanking you for your
efforts at deepening democracy, rule of law and respect for human rights in Nigeria .”
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