Man Asks Court To Stop Ondo House Of Assembly From Approving Businessman, Olayato Aribo's Appointment As Commissioner

A man, Prince Ade Okiki has filed a case asking the court to stop the Ondo State House of Assembly from approving the appointment of Olayato Aribo, who was recently nominated as Commissioner for Ose Local Government Area of the state. 
Governor Rotimi Akeredolu of Ondo State had recently nominated 14 new commissioners designate and seven special advisers. 


Among the commissioner nominees was Aribo who will represent the Ose Local Government Area of the state. 
In a suit filed at the Ondo State High Court, Akure, Okiki sought the disqualification of Aribo, stating that the latter's appointment offends the spirit, intent and the express clear provisions of Section 192 (4) of the 1999 Constitution. 
He had earlier written to the State House of Assembly to disqualify the businessman cum politician.
In a letter addressed to the Speaker of the state House of Assembly, Oleyelogun Bamidele David by Adetunji Oso for the Chief Ademuyiwa Adeniyi & Co. law firm on behalf of Okiki, Aribo was described as unfit for the position. 
He also noted that the nomination offends the sense of morality of people of good conscience in the local government area, stating that “Aribo is a man that is morally unfit to hold any official position of responsibility, particularly where honesty, probity and transparency are needed”.
Okiki further alleged that Aribo was a dismissed employee of a commercial bank, and had been found guilty of gross misconduct and fraudulent transactions in his official dealings in the past. 
He also alleged that Aribo was consequently blacklisted and adjudged as being unfit and unqualified to hold any post or office of responsibility.
The nominee was said to have been found guilty by courts of competent jurisdiction such as the Federal High Court, Lagos Division in Suit No: FHC/L/CS/305/2008, a suit filed by Olayato Aribo himself and the Supreme Court, the highest court in the land in a judgment delivered on Friday, May 12, 2017. 
He, therefore, based his argument on Section 107(1) (h) of the Constitution, 1999 which states that no person shall be qualified for election into a House of Assembly if "he has been indicted for embezzlement or fraud by a judicial commission of Inquiry or an Administrative Panel of Inquiry or Tribunal set up under the Tribunals of Inquiry Act, a Tribunal Inquiry Law or any other law by the Federal and State Government which indictment has been accepted by the Federal Government."
The petition reads, “We are counsel to Prince Ade Okiki No 10, Prince Ade Okiki Street, Ose Local Government, Ondo State who herein is called our client and on whose behalf and strict instruction write you in respect of the above.
”Our client informed us that Olayato Aribo, from Ose Local Government, was nominated by His Excellency Arakunrin Akeredolu, Governor of Ondo State as a Commissioner-designate pursuant to 192 (2) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
“The said Olayato Aribo's appointment offends, not only the spirit, intent and the express clear provisions of 1999 Constitution, it offends the sense of morality of people of good conscience in my Local Government and Ondo State as well as the stand of present Government and our party, APC (All Progressives Congress) on probity, integrity and good conduct in that the said Olayato Aribo is a man that is morally and constitutionally unfit to hold any official position of responsibility, particularly where honesty, probity and transparency is needed.
“Section 192 (4) the 1999 constitution stipulates that: 'No person shall be appointed as a Commissioner of the government of a state unless he is qualified for election as a member of the House of Assembly'.
“Going by the above constitutional provisions, whatsoever disqualifies a person from contesting for the State House of Assembly post also automatically disqualifies a person from being appointed or confirmed as a Commissioner, pursuant to Sections 192 (4) of the Constitution.
“Olayato Aribo, a dismissed employee of a Commercial Bank, Equity Bank was found guilty of gross misconduct and fraudulent transactions in his official dealings in the past and was consequently blacklisted and adjudged as being unfit and unqualified to hold any post or office of responsibility for the rest of his life pursuant to a law validly enacted by National Assembly, Bank and other financial institution Act, 1991, after he was found guilty of gross misconduct and fraud by CBN Special Board Committee on Foreign Exchange Transaction in 2002.
“The blacklisting and the fact of finding Olayato Aribo guilty of gross misconduct and engaging in a fraudulent transaction in his official dealings were further accepted and confirmed by a court of competent jurisdiction, Federal High Court, Lagos Division in Suit No: FHC/L/CS/305/2008, a suit filed by Olayato Aribo himself. 
“Finally, the Supreme Court, the highest court in the land in appeal no SC/9/2011, in a judgment delivered on Friday, 12th May 2017, further and finally accepted and confirmed the fact of finding Olayato Aribo guilty of gross misconduct and fraudulent transaction. See Annexure A.
“By Section 107(1) (h) of the Constitution, 1999 as amended, no person shall be qualified for election into a House of Assembly if he has been indicted for embezzlement or fraud by a judicial commission of Inquiry or an Administrative Panel of Inquiry or Tribunal set up under the Tribunals of Inquiry Act, a Tribunal Inquiry Law or any other law by the Federal and State Government which indictment has been accepted by the Federal Government.
“In the case of Olayato Aribo, the Committee that found him guilty and indicted him for fraud and gross misconduct was set up by a law validly enacted, that is under any other law referred to above. 
”The verdict of guilt and indictment for fraud and gross misconduct was accepted and confirmed judicially by a Federal High Court and Supreme Court. 
“The implication of this is that there is a judicial verdict of guilty of gross misconduct and fraud on Olayato Aribo and this automatically disqualifies him from being appointed as a Commissioner since he is by virtue of a judicial verdict of guilty of gross misconduct and fraud disqualified from being elected into State House of Assembly under Section 107(1)(h) and by Section 192(4) anybody that is not qualified for election into State House of Assembly is not qualified or disqualified from being appointed as a Commissioner for any State.
“It is a fact that after Olayato Aribo was dismissed from his employment, and found guilty of gross misconduct and fraudulent transaction by CBN Special Board Committee on Foreign Exchange Transaction in 2002, he has unsuccessfully applied for a job, demanding of official responsibility on account that he is not fit and qualified for such office having been blacklisted and indicted and found guilty of fraud. His attempt to be employed by the National Bank of Nigeria Ltd in 2005, failed on this ground.
“From the above facts and position of the law, canvassed, we urge this House and other bodies responsibly set up under the law to be guided by their sacred duty not only to respect the decisions of a competent court of the land, not only to respect the verdict of Federal High Court in Suit No: FHC/L/CS/305/203 and that of Supreme Court in Appeal No SC/9/2011 finding Olayato Aribo guilty of fraud and gross misconduct, but give effect to the two courts' decisions and hold that Olayato Aribo is morally and unconstitutionally unfit person to be appointed a Commissioner and consequently reject his nomination.
“Ondo State deserves better than people who are unfit to be employed by ordinary Commercial Bank in her public office. Accept the assurances of our highest regard.”
 

Man Asks Court To Stop Ondo House Of Assembly From Approving Businessman, Olayato Aribo's Appointment As Co... by Sahara Reporters on Scribd

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