No. 1464: Archives on an Ex-Governor

Materials on the impeachment of a state governor in Nigeria are consolidated here in three parts. This case should go to the classroom and texts to illustrate the nature of patron-client politics in a so-called democracy

THIS DAY

Ladoja's Impeachment- Report of the Panel
01.13.2006

Report of the Panel Constituted to Investigate Allegations of Gross Misconduct Against His Excellency Senator Rashidi Adewolu Ladoja, the Governor of Oyo State Pursuants to Section 188 of the 1999 Constitution of the Federal Republic of Nigeria.
Introduction

This Panel was appointed and inaugurated on Wednesday 04th January 4, 2006 pursuant to Section 188 (5) of the 1999 Constitution of the Federal Republic of Nigeria to investigate the allegation of gross misconduct made by the Oyo State House of Assembly against Senator Rashidi Adewolu Ladoja, The Governor of Oyo State.

The members of the Panel are as follows:

1. Chief Bolaji Ayorinde, SAN - Chairman
2. Evangelist Segun Alli - Member
3. Imam M.A. Adebayo - Member
4. Barrister (Mrs) E.A. Adegboye - Member
5. Mr. S.A. Adetoro, FCA - Member
6. Mr. John A. Alabi - Member
7. Mr. Gbenga Olaofe - Member

Consequent upon being sworn in, the Acting Chief Judge handed to the Chairman and each of the members a spiral binded copy of a compendium titled Notice of Allegations of Gross Misconduct Against His Excellency, Senator Rashidi Adewolu Ladoja, Governor of Oyo State pursuant to Section 188 of the 1999 Constitution of the Federal Republic of Nigeria.

The Panel held its inaugural sitting on Thursday January 5, 2006, as well as other days at Court 15, Oyo State High Court, Ring Road, Ibadan.

The two parties in the matter namely, Oyo State House of Assembly and Senator Rashidi Ladoja, the Governor of Oyo State, were represented by the following legal representatives:

Representing Oyo State House of Assembly-

1. Mr. Samson Lekan Latinwo-Lead Counsel
2. Mr. Michael Lana
3. Mr. W.A. Olajide

Representing Senator R.A. Ladoja:

1. Mallam Yusuf Ali, SAN-Lead Counsel
2. Mr Afolabi Fashanu, SAN
3. Mr. R.O. Balogun
4. Mr. Yakubu Dauda
5. Mr. R.A. Lawal Rabana
6. Alhaji K.K. Eleja

Submission
Barrister Lekan Latinwo in his submission before the Panel said that he adopted in its entirety all the facts, allegations, particulars of gross misconduct and all exhibits thereto attached in the Compendium containing the Particulars of gross misconduct.

Counsel further submitted that on the 13th December, 2005, His Excellency Senator Adewolu Ladoja, the Governor of Oyo State was served with the notice of allegations of gross misconduct against him pursuant to Section 188(2) of the 1999 Constitution of the Federal Republic of Nigeria. Thus, he submitted that by the provisions of Section 188(3) the Governor is shut out of replying to the allegations.
He therefore prayed the Panel to accept as proved "all the particulars of allegations of gross misconduct being unchallenged and uncontroverted by the Governor".

Mallam Yusuf Ali, SAN, the Lead Counsel to the Governor, submitted, in two different applications the following:

1. Request for 30 days to enable the governor file his defence before the Panel. He based his prayers on the premise that the Governor has not received any notice of allegation of gross misconduct as at January 6, 2006. and that he was just briefed about the case on the night of January 5, 2006.

2. Objection to membership of four of the panelists, namely; Evangelist 'Segun Alli, Barrister (Mrs) E.A. Adegboye, Imam M.A. Adebayo and Mr. 'Gbenga Olaofe on the allegation that they would be biased based on alleged membership of political parties and also on the ground that Imam Adebayo was a critic of the Governor.

With regards to his client's defence to the allegations, the learned silk submitted none rather, he submitted and application urging the Panel to subpoena some people to come an testify for his client, the Governor, Senator Rashidi Adewolu Ladoja.

Ruling
The Panel ruled against the 30 days requested, but instead granted a 4-day period to enably the Governor respond to the allegations. Thus, sitting was adjourned on Friday, January 6, 2006 to January 9, 2006.

Similarly, the Panel ruled that the application to disqualify the four members did not adduce credible evidence. Thus the application was dismissed.

In addition, the Panel on Monday, January 9, 2006 further gave the counsel to the Governor up to 6pm to serve his defence on the Registrar of the Panel, and that if there be further need to invite the parties or witnesses after today (Monday) 9th January, 2005, it would do so.

Observation

This Panel is very surprised that despite the overwhelming evidence that His Excellency, Governor Rashidi Adewolu Ladoja was served with notice of allegations of misconduct since 14th of December 2005, he chose to ignore the notice and failed to react to the very grave an damaging allegations against him. Even when this Panel of Investigation was constituted and inaugurated by the Honorable Ag. Chief Judge to the knowledge of the Governor and the entire world, the Governor chose to ignore the allegations and rather than deny the allegations, he continued to file interlocutory applications before several courts and before the Panel challenging the constitution, composition and proceedings of the Panel.

This is despite the clear and unequivocal provisions of Section 188(10) of the Constitution of the Federal Republic of Nigeria 1999 which reads as follows, "No proceedings determination of the Panel or of the Assembly or any matter relating to such proceedings determination shall be entertained or questioned in any court".

The attitude of the Governor left the Panel in no doubt that he was either unprepared defend the allegations or indeed he was admitting the allegations. Even his request that the Panel issue subpoena to certain persons to give evidence was to us baseless as he was yet to present a defence to which the Panel can examine and determine whether or not it would necessary to invite anyone to give further evidence to back up the defence.

The Panel cannot continue to wait endlessly as the allegations were straightforward, uncomplicated and an immediate direct rebuttal would have shown to us that we continue to conduct a prolonged investigation.

Despite all the above, we still need to examine all the particulars of gross misconduct order to determine if any has been sufficiently proved.

Findings

1&2. Conflict of Interest, and Fraudulent Conversion of Public Funds.

It is the opinion of this Panel that though no contrary documentary evidence is laid before us by the Governor, the documentary evidence presented by the House is not sufficient. However, it is sincere view that these allegations should be referred to appropriate statutory authorities for further investigation.

3. Oyo State Road Maintenance Agency (Oysroma).

Our finding is that this agency was created in 2004 without an enabling law by the House of Assembly. Allegation contained in this particular is Proved.

4. Operating a Foreign Bank Account

It is our finding that no documentary evidence was attached to substantiate this allegation. However since the Governor did not respond to it, we are of the opinion that this allegation should be referred to the appropriate statutory agency for further investigation.

5. Sponsored attack on Honorable members of the Oyo State House Assembly.
This allegation is proved.

6. Undermining the Integrity and Constitutional Power and Functions of Legislature.

The series of allegations in this particular which is supported by Annexures 3, 10, 14 namely Nigerian Tribune publication of Tuesday 27th December, 2005 pp32-33, which there was no rebuttal by way of rejoinder, Ibadan South East Local Government letter of request for Permission to Incur Expenditure of Four Million Naira only, Acquisition of Land for Capital Project, and Ministry of Local Government and Chieftancy Matters' letter dated 03rd May, 2005.- "Acting Appointment" respectively is clear proof these allegations.
Furthermore, the acts complained against in this particular amount to usurpation of constitutional powers conveyed on the legislature by Sections 4(6), 7 and 100(1) of the 1999 Constitution of the Federal Republic of Nigeria.

This allegation is Proved.

7. Undermining the Integrity of the Judiciary

It is our finding that inspite of the fact that the necessary legal requirements and judiciary processes were exhausted in the election into the office of chairman, Ibarapa East Local Government was concluded; the governor flagrantly disobeyed the various court order contained in Annexures 4 & 4A.

This is contrary to his Oath of Office as governor pursuant to the Seventh Schedule to 1999 Constitution. In essence this is a grave constitutional breach.

This allegation is Proved.

8. Acts Unbecoming of a Governor of Oyo State

The main thrusts of this particular are as follows:

(i.) Fraudulent conversion of a farmland known as Total Agrik Ltd to Yakooyo Agrik Ltd, a company owned by the Governor, Senator Rashidi Adewolu Ladoja.

(ii.) Forgery of documents in respect of 8(i).

(iii.) Using the fraudulent papers of Yakooyo Agrik Ltd. to obtain a loan from Nigerian Agricultural and Cooperative Bank on 24th April, 1995, when Total Agrik Ltd. never sold or transferred the said land to Senator Rashidi Ladoja or Yakooyo Agrik Ltd.

(iv.) That Senator Rashidi Ladoja did not pay back the loan until December 2004, i.e 16 months after he assumed office as the Governor of Oyo State.

With the documentary evidence attached- Annexures 5, 5A, 5B, 5C, 5D, & 5F, it is crystal clear that a case of shady deal exists in the way and manner that Total Agrik Ltd farmland which carries Certificate of Occupancy No.18 at page 18 in Volume 2799 of 23rd December 1987 became that of Yakooyo Agrik Ltd.

Curiously, there is no documentary evidence to show a change of name by the original owner of Total Agrik Ltd. to Yakooyo Agrik Ltd. Similarly, there is no Deed of Assignment that would have authorised the transfer of the farmland from Total Agrik to Yakooyo Agrik Ltd.
Furthermore, it is alarming to discover that the land was mortgaged to Nigerian Agricultural and Cooperative Bank Ltd with original Certificate of Occupancy aforementioned by Yakooyo Agrik Ltd as collateral to secure a loan (Annexure 5E (vii). Certainly, an element of fraudulent misrepresentation manifests in this transaction.

In addition, Yakooyo Agrik Ltd paid the Loan it took in 1995 in 2004, and got a Deed of Release on 29th September, 2004, that is 16 months after Senator Rashidi Ladoja became Governor. Although, no documentary evidence is available to indicate how much was paid back, it is logical to note that the amount borrowed (N16m) plus interest of over 9 years will be more than N16m. Thus, is would be illogical to assume that the Governor's entire official emoluments within that short period would have accommodated such huge exposure.

This allegation is Proved.

9. Nepotism

The allegation in this particular is very astounding, that is the award of the contract for the commercialisation of Oyo State Produce to Alfa D.D.L Nig. Ltd., a company owned by the governor's son, one Adedamola M. Ladoja, who refused to pay the sum of N2million monthly into the coffers of Oyo State. However, in the absence of any documentary evidence to show the award of the contract between Alfa D.D.L. Nig. Ltd, by the Governor this allegation should be referred to appropriate statutory agency for Further Investigation.

10. Chieftaincy Matters

It is our finding that the governor, Senator Rashidi Adewolu Ladoja, created a new arrangement for the Oyo State Council of Obas without any new enabling law and without reference to the Oyo State House of Assembly. The governor usurped the legislative functions of the House of Assembly contrary to Sections 4(6) and (7) and 90 of the 1999 Constitution, thereby committing a breach of the Constitution.

This allegation is Proved.

11. Local Government

The finding of this panel is that the Commissioner for Local Government and Chieftaincy Matters acting on the directives of the governor usurped the constitutional functions of the House of Assembly by setting up a parallel authority over the Local governments in violation of Sections 4(6) & (7) of the 1999 Constitution and Section 19 (2),(3)&(4) of local Government Systems Laws, 2001.

This breach is evidenced by the documentary evidence- Annexures 14, 14A, 14B, 14C, and 14D.

This allegation is Proved.

12. Separation of Powers

Evidence before the panel showed that the governor interfered in the affairs of the House as alleged and also caused division in the House contrary to his oath of office.

This allegation is Proved.

13. Purchase of 33 Graders Etc.

It is our finding that the purchase of 33 Graders for the 33 Local Governments in the state was done in disregard, flagrant disobedience and violation of Section 19(2) & (3) of the Local Government Systems Law 2001.

This allegation is Proved.

14. Dereliction of Duties

While the allegations contained in this particular appear weighty, there is no sufficient process. The worst that can be ascribed to the governor, Senator Rashidi Adewolu Ladoja, will be incompetence as a governor.

15. Summary of Findings

Below is the summary of the panel's findings:

Particulars................................................Remarks

1. Conflict of Interest................................................................................................For further Investigation
2. Fraudulent Conversion of Public Fund....................................................................For further Investigation
3. Oyo State Road Maintenance Agency (OYSROMA).................................................Proved
4. Operating a Foreign Bank Account.........................................................................For further Investigation
5. Sponsored Attack on Honourable Members of Assembly...........................................Proved
6. Undermining the integrity and Constitutional Power and Functions of the Legislature...Proved
7. Undermining the Integrity of the Judiciary................................................................Proved
8. Acts Unbecoming of a Governor of Oyo State...........................................................For further Investigation
9. Nepotism on Contracts............................................................................................Proved
10. Chieftaincy Matters...............................................................................................Proved
11. Local Government.................................................................................................Proved
12. Separation of Powers............................................................................................Proved
13. Purchase of 33 Graders etc...................................................................................Proved
14. Dereliction of Duties..............................................................................................Not Proved.

16. Conclusion

In view of the foregoing, the panel unanimously agreed that NINE Particulars of allegations were PROVED against Senator Rashidi Adewolu Ladoja; the Governor of Oyo State. ONE Particular of the allegations is Not PROVED, and FOUR Particulars of allegations are for

Further Investigation by the appropriate statutory authority.

17. Appreciation:

We hereby express out profound gratitude to the Ag. Chief Judge of Oyo State for finding worthy to serve on this panel and also for providing us a suitable environment for the sitting of the panel.

Also, we express our appreciation to the legal representations of both the House Assembly and the Governor of Oyo State for their high level of professionalism.

We also thank the members of the press for the coverage of the proceedings

Chief Bolaji Ayorinde, SAN.............Chairman
Evangelist 'Segun Alli......................Member
Imam M.A. Adebayo.......................Member
Barrister (Mrs.) E.A. Adegboye.......Member
Mr. S.A. Adetoro FCA....................Member
Mr. John A. Alabi...........................Member
Mr. 'Gbenga Olaofe FCA.................Member
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NBA condemns Oyo CJ - Orders boycott of court sittings
THE Nigerian Bar Association (NBA), Oyo State branch, has condemned the alleged breach of the constitution of the Federal Republic of Nigeria and the subversion of the rule of law by the acting Chief Judge of Oyo State, Justice Afolabi Adeniran, just as it ordered a boycott of court activities in the state.

The NBA alleged that the chief judge went ahead to constitute the panel to investigate allegations of misconduct against Governor Rashidi Ladoja in spite of the court case pending against him (the Chief Judge), adding that he has contradicted the undertaking given by his counsel that he will not foist a fait accompli on the case and other cases pending in courts of which the acting chief judge is a party.
The NBA also condemned the conduct of the proceedings of the Bolaji Ayorinde seven-man panel set up to investigate the allegations of gross misconduct against the governor.
The NBA Ibadan branch chairman, Mr. Adegbola Adeniyi, said at a press conference in Ibadan yesterday that the panel had flouted its oath in its failure and refusal to observe the fundamental principles of fair hearing enshrined under Chapter Four of the Constitution of the Federal Republic of Nigeria.
Mr. Adeniyi declared that having done a great disservice to the legal profession and having breached his oath of office which he swore to defend, the NBA, Ibadan branch, hereby resolves to boycott the proceedings in the court of the acting chief judge for three days. The boycott, he said, would commence today, Thursday and end on Monday. The NBA, Adeniyi also disclosed, had decided to boycott subsequent proceedings of the panel presided over by Chief Ayorinde (SAN), until the chief judge retraced his steps.
Mr. Adeniyi alleged that the acting chief judge had shown that he was partisan and biased in handling the political crisis in the state. He added that Justice Afolabi did not follow the due process in selecting or appointing members of the investigative panel, stressing that section 188 (5) of the 1999 Constitution was not properly considered by the acting chief judge in the appointment of the members of the panel.
The NBA boss alleged that four members of the panel did not meet the stipulated requirements for the setting up of the panel, saying that though we do not doubt the integrity of the members of the panel, some of them are politicians, they belong to one party or the other. This indicates that there cant be fair hearing and justice in the findings of the panel. This, he said, could establish a bad precedent in the judicial process in Nigeria.

Tribune.

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I remain governor, says Ladoja

Posted to the Web: Friday, January 13, 2006

IBADANChief Rashidi Ladoja reacting last night, insisted that he remained governor on account of a court ruling earlier in the day in Ibadan that nullified the establishment of the panel that probed him. The State Assembly based his impeachment on the panels report.
Chief Ladoja in a statement said:
This morning, the High Court of Justice of Oyo State of Nigeria presided over by Justice M.O. Bolaji-Yusuff nullified the purported resolution of the House of Assembly to set up a seven-man investigation panel to probe allegations against me on the grounds that the process by which the resolution was passed violated Section 188 of the 1999 Constitution.
For the avoidance of doubt, that section states that not less than two-third of the 32 members of the Oyo State House of Assembly is required to set up the investigation panel.
The obvious implication, therefore, is that I remain the constitutionally elected Governor of Oyo State and anybody who deludes himself to be occupying the position is just a comic pretender or an incorrigible patient of the sanatorium suffering from congenital hallucination.
This ruling must bring a lot of relief to the millions of citizens of Oyo State who have watched in deep shock and horror the comedy of errors and the macabre dance of shame perpetrated by the forces of backwardness, ignorance and illiteracy who have desecrated the sacrosanct letters of our constitution and stained the portals of justice.
I thank the masses of Oyo State for their calmness in the face of the raging storm instigated by anarchists. I thank the residents of the great city of Ibadan for refusing to get into the gutter to fight those who are maddened by the lust for power because observers would not be able to draw the difference.
I hereby express my sincere gratitude to the civic organisations, particularly the Oyo State Branch of the Nigeria Bar Association whose rightful indignation against the criminal violations of the Rule of Law and the fundamental principle of the right to fair hearing woke up the whole world to the show of shame and the drama of greed which have been on parade in the historic city of Ibadan, the largest city in West Africa.
From the beginning, I have been fortified by my faith in the principle of total submission to Allah, the Almighty who gives and takes power and by the sacred letters of the Constitution which has put in place values and procedures to make sure that a rebellious, conservative minority does not oppress the silent but progressive majority.
I refer to the President and Commander in Chief of the Federal Republic of Nigeria, Chief Olusegun Obasanjo, who demonstrated exemplary commitment to the spirit of our constitutional democracy by refusing to be drawn into the partisan brawl and insisting that the rule of law must prevail. I am confident that, now that the court of law has pronounced on the position of the law, Mr. President shall do everything possible to live up to the expectations of the civilised world by assisting the law to take its rightful course and rescuing our nation from the current of political rascality.
I thank members of the press for standing on the side of the millions of the oppressed people of Nigeria whose hope in a brilliant future for their children and grandchildren is based on the respect all of us give to the constitution of our country.
I call on all citizens of Oyo State to join me in prayers to God to save our state from the hands of mischief makers and trouble makers and usher in a reign of peace, order, harmony and tranquility.

Vanguard.