Court orders arrest of PDP ex-scribe Aluko for alleged perjury

Lawyers foreclose S’Court judgement’s reversal on Fayose’s election
A CHIEF Magistrate’s Court sitting in Ado-Ekiti yesterday ordered the arrest of a former State Secretary of the Peoples Democratic Party (PDP) in Ekiti State , Dr Temitope Aluko. This is coming on the heels of Aluko’s allegation of rigging of the 2014 governorship election in the state .

Besides, there are divergent views by lawyers on the implications of Aluko’s allegations as they concern the judgment of the Supreme Court which affirmed Governor Ayo Fayose’s election.

Chief Magistrate Adegboye ordered Aluko’s arrest upon the hearing of the motion ex-parte filed by the state government against Aluko and the state commissioner of police, pursuant to Section 117 of the Criminal Code Law, Cap C16, law of Ekiti State 2012, Section 79 of the Ekiti State Administration of Criminal Justice Law 2014 and Section 23 (D) of the Magistrate’s Courts Law 2014.

In the motion, which was filed and moved by the State Director of Public Prosecution (DPP), Mr Gbemiga Adaramola, an order of the court was sought to issue a warrant of arrest against Aluko to be executed by the state commissioner of police for the purpose of committing him (Aluko) for trial for the offence of perjury.

Adegboye said the order was granted as a means for the first defendant (Aluko) to attend the court for defence. The matter was premised upon an application to the State Attorney General by a lawyer, Mr. Sunday Olowolafe, calling for the prosecution of Aluko for alleged perjury.

On the implications of Aluko’s revelations vis-à-vis the apex court’s affirmation of Fayoye’s victory, Mr. Joseph Kyari Gadzama (SAN) said the case was closed and could not be revisited by the Supreme Court.

His words: “There is no question of the Supreme Court revisiting the case on Fayose’s election as the new evidence as revealed by Aluko was not part of the court’s records which were examined by the court before reaching its decision on Fayose’s election. So Aluko’s evidence amounts to no issue because it did not emanate from the election tribunal or was included in the records of the Court of Appeal before getting to the Supreme Court for determination.”

Attorney General of Abia State, Umeh Kalu, also reacted along similar lines , saying: “How can any person suggest that the Supreme Court can reverse itself having given its verdict on a matter like election?

“ In the case of Fayose’s election, the apex court has affirmed his election after going through the records before it. It is now irreversible no matter any new evidence that may emerge now. Don’t forget that the Supreme Court is not a trial court, it is a court of records and so you cannot approach it to adduce new evidence for its consideration which is not contained in its records. As long as I am concerned the matter is dead, in fact, it is now functus officio. It does not require any judicial review again.”

Also, legal practitioner, Fetus Keyamo, told The Guardian yesterday that a public statement made by Aluko did not amount to a confessional statement under law for which he could be prosecuted .

Keyamo, however ,noted that the public statement could serve as the basis for questioning him. According to him, it is only when he repeats the statement directly before the police or law enforcement agencies that it would be taken seriously as a confessional statement.”

A lawyer and former National Secretary of Labour Party, Kayode Ajulo, said the discretion to arrest and prosecute Aluko lay with the police or the Economic and Financial Crimes Commission (EFCC).

He, however, noted that “if actually Aluko did what he did, he must be charged to court and the Ekiti governorship case could be revisited.”

But Lagos-based human rights lawyer, Ebun-Olu Adegboruwa dismissed the televised confession of Aluko as a distraction that had no weight in law.

According to him, the declaration of the result by Independent National Electoral Commission (INEC) was contested up to the Supreme Court and the election was upheld.

He said: “That is the terminal decision of the case. The governor will complete his term successfully, unless the State House of Assembly impeaches him.”

Also, another Lagos lawyer, Ugwuzor Adindu said the revelation would in no way inspire a review at the Supreme Court.An Akure-based lawyer, Remigius Akinbinu, said it was not possible for the Supreme Court to revisit the election going by the fact that it all looked like a vendetta, going by the reactions of Fayose himself, that Aluko was expected to be made the chief of staff in his government and that was why he had turned against him.

But another Lagos lawyer, Bankole Kayode said it would be difficult to sustain the allegation of perjury against Aluko because he could deny his latest statement which was not done under oath.