Lagos-based lawyer, Femi Falana (SAN) has warned Ekiti State Governor, Ayo Fayose that the impeachment notice served to him by the 19 All Progressives Congress (APC) legislators in the State House of Assembly was valid and as such, should be taken seriously.
Speaking to Punch, Falana cited sections 91, 96 and 188 of the Nigeria’s constitution, stating that what was required for an impeachment notice to be valid, one-third of the house members must sign it, a requirement which has been met by the Ekiti APC lawmakers.
Falana further said that the impeachment notice did not necessarily have to be signed in the House of Assembly complex.
He said: “Once the governor receives the notice, it has to be taken seriously because impeachment is a serious matter in the Constitution. That is why I am advising the governor to take this matter very seriously. He should seek legal advice on this matter.
“Section 96 (1) says the quorum of a House of Assembly shall be one-third of all the members of the House. In the case of Ekiti, the very least that can sit is eight members.
“Section 188 says that whenever a notice of any allegation in writing is signed by not less than one-third of the members of the House of Assembly and is presented to the Speaker that is known to law, the Speaker shall, within seven days of the receipt, cause a copy to be served on the governor or the deputy governor. That is enough to put the engine in motion for the impeachment of a governor. The constitution does not say the letter must be signed in the House.
“And from the look of things, that constitutional provision has been met. I do hope that the governor will take this notice very seriously, and react under the law.”