AS the Ekiti judicial saga unfolds, I spent the better part of last Thursday seeking legal opinions in Abuja, from 'those who should know'. I oiled my contacts on superior Bench and inner Bar. I took away bad news for Ekiti Governor-elect, Ayodele Fayose. The elementary and complex interpretations of constitutional provisions on his eligibility to stand the 21st June governorship election he won, were not in his favour. If I want to rely solely on the 'experts' opinion', it would not be wide off-mark to declare a sunset for Fayose at dawn. But there is nothing as cut and dry in law. This accounts for different modes of interpretation of provisions of the constitution and other statutes. Two of such stand out; golden and mischief rules. Hiding behind these, a lot of judges had gone away with judicial harakiri, founded on the pecuniary.Many are still in the act. But Fayose is not a goner any time soon. His judicial issues are as complex as his personality. Would the event of 16th March, 2006 stand in the face of objective judicial scrutiny as lawful impeachment judging by the intendment of the framers of the constitution' Would presidential threat to 'finish off' a sitting governor and the governor being smuggled out of town in the boot of a car, qualifies for due process of impeachment' Would the abracadabra that hallmarked the setting up of those two probe panels on the impeachment not constitute an embarrassment to any trial judge that would handle the unfolding scenario' Fayose's impeachment was, by all intent, more of an unbridled display of powerful presidential biceps than lawful judicial procedure.But no competent court of law has ruled that and that makes the Ekiti peasants' sweetheart, an indictee, as enshrined in Section 182 (1) (h), which means a pardon of the House of Assembly or presidency would be required for him to be eligible to contest elective office within 10 years of his indictment, just like former Bayelsa governor, D.S.P Alamieyeseigha, got from 'his boy' President Goodluck Jonathan, to pave the way for his rumoured senatorial ambition. Fayose is eight years into his indictment and such presidential reprieve is now a little too late.But nothing is sacrosanct about the provision. Perennial presidential aspirant, Atiku Abubakar, judicially challenged it successfully. Governor-wannabe Nasir el-Rufai got it voided twice. In fact, different courts of records, including the Supreme Court, held in the celebrated Atiku's case that only a competent court of law could indict. That is why I found amusing the statement credited to the acting Inspector-General of Police that tainted politicians would be barred from contesting the general elections. He simply has no such powers.It is unbelievable that a rounded politician like Fayose who kept mouthing his return would not take the smart route like Atiku and el-Rufai by challenging his obviously-tainted impeachment. He is paying for that oversight now, but impeachment proceeding is not a criminal trial and his criminal trial is nowhere.This cobweb of judicial entanglement should, however, not affect his swearing-in as being allegedly pursued by a combo of opposition and judiciary elements within and outside the state, because the judiciary has the capacity to right perceived wrongs at whatever point. A judgment that still defies reasoning till date enthroned Rotimi Amaechi as governor without being on the ballot. Senator Andy Uba still holds the record of shortest reign as governor, courtesy the judiciary. It means Fayose can still spend his four years in office and outgoing Governor Kayode Fayemi can be second time lucky with judicial enthronement even if the October 16 swearing-in, peacefully takes place.That is why the violence in Ekiti is illogical except something politically and judicially-sinister is in the offing and only known to those 'within'. Granted politics allows for shenanigans in the name of strategies, but the judiciary cannot afford a further descent into anomie. I know enough of 'inside judiciary' to know that the conflagration in Ekiti is not totally about a character without character about assuming governorship seat. When did Justice John Adeyeye become the court registrar that comes out to warn noisemakers on court premises' Anybody not seeing a biased Ekiti judiciary may be blind to his/her own shadow, but Fayose is missing it with the strategy of combating judicial harassment with 'people's power'.The judiciary can unmake him, even if the entire Ekiti population voted him. And to think, there are 'K' legs everywhere for him. Can he just try not to be what they say he is for once' While the politicians do their thing in partnership with transporter thugs, the judiciary leadership in Abuja should quickly move in and rescue the Ekiti division. The CJN should start by stopping the infraction Fayemi is about committing by ordering his Attorney General, Wale Fapohunda, to issue a legal advisory to the Chief Judge, Justice Ayodeji Daramola, to take the on-going cases on Fayose's election outside of the state. This outrageous move can only worsen the crisis. I also hope Fayemi and Daramola are not thinking relocation to either of Osun or Lagos.
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