Joseph Odok|9 May 2016|6:28am
There is no doubt that the governor of Cross River State was not prepared for power. We all know that Ayade never dreamt of being a governor until he was called and given power by Liyel Imoke after buying the seat of power from Liyel Imoke. No wonder the surprise in his actions in power, the governor is surprised that he is a governor today. He never contemplated nor believed he will be a governor of Cross River State in his life time.
The illegalities of the Cross River State governor is unfortunately given legitimacy by a rubber stamped State House of Assembly under the tutelage of a compromised John Gaul Lebo. Being a 'boy' to the defacto governor Frank Ayade and a paid servant to the governor, John Gaul Lebo is ever disposed to monetise his constitutional duties for a price.
It is no new fact that the Cross River State garment factory was a constituency project of Ayade while he was a senator. Being unable to site it at one primary school in Obudu, he took opportunity to confiscate people's land obviously without compensation using the fiat of his power as a governor. This is a great act of intimidation and illegality. Under the land use act, land can only be taken from a legitimate land private owner for overriding public interest. The garment factory as at today is Ayade's private company. It is not provided for in the budget, nor was it's approved as an act of the legislators. No due process was followed, no known company for its execution, nothing to show both in document or action that it is a property of the Cross River State government. It is an illegality and a grave violation of the Land Use Act to confiscate a land from a private individual for private purpose. I urge all those whose land has been confiscated to maintain legal actions for recovery of their illegally acquired land by the governor.
Another source of illegality is the Office of the Commissioner for Lands and Urban Development. The choice of an in-law to Ayade as a Commissioner for Lands and Urban Development tells a story of a governor who is disposed to confiscate people's land for the Ayade's family. As at today there are daily revocation of lands signed by Dr. John Inyang for purposes of MoU yet to be approved and deliberated by the Cross River State House of Assembly besides the breach of the Land Use Act. No wonder the prompt revocation of 25% of Cross River state land for just a super high way as signed by the Commissioner for Lands and Urban Development and published in Cross River State Chronicles. The super high way was to be 260 km in length, 200m in width with 20km space for gardens at the adjoining side 10km at each adjoining side as contained in a memo of revocation singed by the Commissioner for Lands and Urban Development. The said land was revoked in violation of the Land Use Act requirement for compensation and a completed Environment Impact Assessment report.
There is also the illegality of pay rolling the governors cabinet only from April. Lots of illegalities here. Could the governor have operated making policies and approved the budget without an existing EXCO? If the answer is to the affirmative then all his policies done in exclusion of the EXCO is a nullity and an attempt to give legitimacy to illegality. The actions of the governor is at best a violation of the constitution and by this null and void.
Cross River State never voted two governors. No provision is made for two governors in any law in Nigerian Legal System. But today we have a defacto governor in Frank Ayade the brother of Mr. Ben Ayade who has executive powers with a convoy officially attached to him. This is another violation of the Nigerian Laws and a glorification of illegalities by Barr. Ben Ayade the governor of Cross River State.
The recently conducted PDP congresses was also a glorification of illegalities. The people never voted and names were just submitted as compiled by the governor in exclusion of the people. This is an illegal rape to our democracy and a total destruction of internal democracy and an affront on our existing laws.
The way forward lies in calling the governor to order and correcting the illegalities as fast as possible. The time is now!
Joseph Odok
University Don, Public Commentator & Social Change Argent