Lagos lawyer, Kabir Akingbolu has asked the Independent National Electoral Commission (INEC) to, within the next ten days, investigate Governor Ayodele Fayose of Ekiti State over alleged electoral offences committed during the June 14 governorship election held in the state.
Others whom Akingbolu asked INEC to also investigate are the Deputy Governor, Professor Kolapo Eleka and the Acting Chairman of the Ekiti State Broadcasting Corporation, Mr Lere Olayinka for alleged ‘deliberate breach of several provisions of the Electoral Act, 2010 before, during and after the said election’.
“Take notice that if you fail or refuse to commence the investigation of the serious electoral offences disclosed in the petition before the 15th day of August 2018 we shall not hesitate to apply to the Federal High Court for an order of Mandamus to compel you to carry out your statutory duty forthwith. Having regards to your resolve to prosecute all electoral offenders it is hoped that you will not compel us to resort to any litigation over this petition”.
In a petition to INEC Chairman on Monday, Akingbolu urged the electoral commission to investigate and prosecute Fayose and others in line with section 150 of the Electoral Act, 2010 in view of the gravity of the electoral offences allegedly committed by the suspects.
He argued that the prosecution of the Ekiti State governor and others would go a long way to curb official impunity during elections conducted by the INEC.
To facilitate investigation and envisaged prosecution of Fayose and others, Akingbolu promised to make available all the necessary information and documents to support his petition.
“Since the immunity of two out of the aforementioned suspects i.e. Governor Ayo Fayose and Deputy Kolapo Eleka will expire in October 2018 the investigation of the serious electoral offences committed by them ought to commence without any delay”, he stated.
The lawyer listed ten electoral offences allegedly committed during the June 14 governorship election by the Governor Fayose and others.
He alleged that before the official declaration of the results of the governorship election by the Returning Officer, the governor and others allegedly announced an election result which they knew to be false and thereby declared Professor Kolapo Eleka as the Governor Elect of Ekiti State on June 15, 2018 in contravention of section 123 (4) of the Electoral Act.
He alleged that in the morning of June 14, 2018 the governor and others allegedly assembled a crowd at the Governor’s Lodge where they prayed and persuaded voters to vote for Professor Kolapo Eleka and that they caused the Ekiti State Broadcasting Corporation to broadcast news which opposed the candidature of Dr. Kayode Fayemi in contravention of section 101 (1) of the Electoral Act, 2010
Akingbolu alleged that they advanced and paid the sum of N3,000 to every civil servant on Friday June 13, 2018 with intent that such money shall be expended on bribing voters to vote for Professor Kolapo Eleka.
According to him, Governor Fayose and others campaigned against Dr. Kayode Fayemi and urged voters not to vote for him in contravention of section 129 (c) of the General Act and that their campaign was tainted with abusive language, which injured religious, ethnic and sectional feelings contrary to section 95 (1) of the Electoral Act.
Akingbolu alleged that the Ekiti State governor and others threatened to make use of force and violence in contravention of section 131 (a) of the Electoral Act and that they prevented all government aspirants, apart from Professor Kolapo Eleka the free use of the Ekiti State Radio and Television station in contravention of section 131 (d) of the Electoral Act.
Other allegations were that they campaigned for Professor Kolapo Eleka in the Governor’s lodge on June 14, 2018 within 24 hours prior to the polling day in contravention of section 99 (1) of the Electoral Act, 2010 and that they prevented the Ekiti State Broadcasting Corporation from allotting equal coverage and conspicuity to all political parties in contravention of Section 100 (5) of the Electoral Act 2010.
