By Sola Abegunde
Recently, I came across Barr Yomi Ogunlola’s submissions on the controversial, amended Chieftaincy Laws of Oyo state. I used to follow the Lawyer on his analysis on a particular Radio station in Ibadan but I noticed that he’s no longer regular on the station.
Barr. Ogunlola is no doubt a very brilliant person. There are a lot of things I admire about him except for the fact that he is always reluctant to criticize Governor Seyi Makinde, no matter how wrong the Governor may be on any issue.
After watching the interview he granted to a Radio station on Facebook recently, I felt compelled to react against his opinion in respect of whether Senator Sharafadeen Abiodun Alli is qualified to remain in the Senate Chamber and whether he is qualified to contest for the position of Governor of Oyo state in 2027 general elections, despite his purported elevation as beaded crown Oba by Governor Seyi Makinde.
In the opinion of Barr Yomi Ogunlola, Senator Sharafadeen Abiodun Alli is not qualified to contest for the position of the Governor of Oyo state in 2027. In fact, he was emphatic, when he said that the Oyo South Senator ought not to have remained as a Senator of the Federal Republic of Nigeria because of his purported elevation to a crown wearing Oba by Governor Seyi Makinde.
With due respect to Barr Ogunlola, that position is just his personal opinion and they have no legal force. In fact, his opinion on this matter is exactly the intention of Governor Seyi Makinde ab initio. I have to give kudos to the panel of his interviewers during the programme. They asked him specific, intelligent and direct questions and I wish the Legal Practitioner listened to himself after that interview session in the Studio.
When he said Senator Sharafadeen Abiodun Alli is not qualified to contest for the position of Governor in 2027, a direct question was put on him. He was asked whether his position was based on a State Legislation or a Federal Law and he answered ” the Laws of the Federation are made for the Federation”.
Clever, but not true. There is a world of difference between Laws of Oyo state and any state for that matter and Laws of the Federation and Barr Ogunlola knows this facts very well.
I also know that he is aware of the facts that the Laws that are applicable to Federal elections in Nigeria are the 1999 Constitution as amended and the Electoral Act, no more, no less.
I am sure that he is aware that the Independent National Electoral Commission, INEC, the Electoral Body saddled with the responsibilities of conducting elections into the offices of the President, Governors and members of the National Assembly will only operate within the provisions of the Electoral Act and the Constitution of the Federal Republic of Nigeria.
The All Progressives Congress, APC, the political party under which Senator Alli is aspiring for the 2027 Governorship election would also examine Senator Alli’s suitability to contest elections on the basis of the Constitution of the Federal Republic of Nigeria and the Electoral Act.
Let me now ask Barr Ogunlola, when he said the Laws of the Federation is for the Federation, is he saying that the INEC for example, or the APC, would gather all the Laws of each states and apply them to candidates based on the peculiarities of each state or what is he trying to say?
Or, is he saying that, just because the Oyo State House of Assembly and the Governor, in my opinion, decided to overreach themselves by including provisions which tend to prevent some people from contesting elections, then, the INEC are automatically bound by that controversial provisions within the state Legislation?
The INEC and the APC have no business with the Laws of Oyo as far as the conduct of Federal elections are concerned and they will not even look at it for whatever reason. Section 1, sub section 3 of the 1999 Constitution of the Federal Republic of Nigeria readily comes to mind here.
That sub section reads, ” if any other Law is inconsistent with the provisions of the Constitution, this Constitution shall prevail and that other Law shall to the extent of the inconsistency be void”. The operational word used in the sub section above is ” shall” that means it is mandatory.
The provisions of the Oyo state Laws or any other Law for that matter, which attempts to compete with the Constitution shall be void.
The Constitution of the Federal Republic of Nigeria has spelt out the circumstances under which someone might be disqualified to contest elections.
I do not see any mention of the word ” Oba” in the relevant section of the Constitution where qualifications or disqualification of a candidate are spelt out.
The only question which I think one could ask here is whether Senator Sharafadeen Alli could be considered as a public servant and I submit that he is not a public servant within the context of the Constitution of the Federal Republic of Nigeria.
Again, when you want to determine this question, you will have to apply the Constitution, not a state Law. I am surprised to see that, as a Lawyer, Barr Ogunlola is trying to support the Governor who is trying to use the instruments of state power to suppress political opponents.
He saw practically nothing wrong in Governor Seyi Makinde’s blackmailing and coercing of H. E, High Chief Rashidi Adewolu Ladoja, as he was, to withdraw the case he filed in court to challenge the Governor over the controversial Gazette.
Let me ask Barr Ogunlola, is he aware of any roles played by or contributions made by the Olubadan-in-Council to the amended Chieftaincy Law?
We were all here. We know how the Governor, like an Emperor, decided to be introducing amendments into the Chieftaincy Laws of Oyo State and how these obnoxious amendments has given him unfettered power over the Traditional Institutions.
Barr Ogunlola was in Oyo state when Governor Seyi Makinde disregarded the judgments of all the layers of Courts is Nigeria and insisted on ensuring that one Samuel Adegbola remains the Eleruwa of Eruwa.
Truth is sacrosanct and the truth of this matter is that Senator Sharafadeen Abiodun Alli is qualified to see out his tenure as a Senator of the Federal Republic of Nigeria and not only that, he is also free to contest for the position of the Governor of Oyo state.
The opinion of Barr Ogunlola and others like him will not change that fact.
Sola Abegunde.
