Does the family of late Prof. Festus Iyayi have any cause of action against the Kogi State government?
Surely, the family of Late Professor Festus Iyayi has a cause of action against the Kogi State Government for the executive recklessness that led to the untimely and gruesome death of the don.
The media reported the circumstances of the tragic death of Professor Iyayi. It is undoubtedly clear that it was the negligence of a driver of a vehicle in the governor’s convoy that hit the vehicle conveying Professor Iyayi, the impact was so much that he was killed instantly. To that extent the Kogi State government is vicariously liable while the driver who caused the accident is criminally liable in the circumstance.
Does the Kogi State government have any civil or criminal responsibility considering the fact that the governor’s convoy was responsible for the late professor’s death?
Unlike Governor Idris Wada who enjoys immunity from criminal liability, his drivers are not immune from prosecution. So all the drivers indicted in the three road accidents involving the governor in the last few months are liable to be prosecuted for violating traffic laws. This is a clear case of manslaughter. In each of the cases the Kogi State government is obligated by law to pay compensation to the families of the four people who were killed in the three accidents.
*Late Iyayi
Altogether there are five accidents involving the governor, the deputy governor and Speaker of the House of Assembly of Kogi State in the last two years. This is not surprising in view of the revelation by the Federal Road Safety Commission boss that Governor Wada did not allow the drivers in his convoy to be trained by the FRSC like the other 700 government drivers across the country. The statement is a very serious indictment which may aggravate the damages payable to the families of those who were recklessly killed by the governor’s convoy.
The latest accident was the third involving the governor’s convoy this year alone. How do you react to this?
The Iyayi’s family and the ASUU are going to take advantage of the killing of Professor Iyayi to prevent further carnage and loss of precious lives on our roads through executive lawlessness. The use of siren is going to be reviewed. In the countries where siren is manufactured its use is restricted. It is not for harassing road users but for making way for fire fighting vehicles, ambulances and the police in case of emergencies. With all the congestion or traffic jam on Lagos roads, Governor Babatunde Raji Fashola, SAN does not use siren or chase people out of the road. Why then should the governor of any other state intimidate road users to the extent of killing them? Such executive impunity has to stop.
The Senate has referred the aviation minister’s issue to its committee on aviation, instead of her appearing before the Senate as earlier reported. Do you think anything will come out of it?
It is a desperate attempt to shield the Aviation Minister,Ms Stella Oduah from prosecution. But neither the Presidency nor the Senate can exculpate her from the allegations of grave economic and financial crimes which have been leveled against her. More so, that the Bureau of Public Procurement and the House of Representatives Committee have indicted her. Both the ICPC and EFCC are also probing her while the Presidential probe Panel on the matter has submitted its report. There is no hiding place for her.
What is your take on US categorizing Boko Haram as foreign terrorist organisation?
That is the internal affair of the United States. Since the Federal Government has proscribed the terrorist body it has no business applauding the decision of the United States. After all, the Federal Government earlier kicked against the stigmatization of the Boko Haram sect as a terrorist society.
Do you think the Federal Government is sincere with the planned National Conference?
The Federal Government has been sincere about it. In fact, President Jonathan has announced that the resolution of the planned Conference will be sent to the National Assembly for consideration in the ongoing review of the Constitution. This in effect means that the national dialogue or conference is an expanded town hall meeting to collate the views of Nigerians with respect to the amendment of the Constitution. Since the resolutions of the Conference are not sovereign or binding on the Government including the National Assembly it is likely to be a complete sham.
Would you like to put the record straight on Governor Chime’s wife issue?
There isn’t much to put on record as far as Mrs. Clara Chime’s case is concerned. Although I do not require the permission or written authorization of a victim of human rights abuse to intervene I was instructed by Mrs. Chime to take up her case. She never disowned me. What she said at the nocturnal press briefing by Governor Sullivan Chime was that she did not contact me directly but that a friend might have done so on her behalf. That statement cannot be faulted. Mrs. Chime sent an e-mail to one of our friends and directed her to contact me.
The e-mail was forwarded to me. Her mother, Mrs. Patience Igwe also sent me an SOS to free her daughter from detention. I took up the brief without charging professional fees. In actual fact, I took pity on Mrs. Chime and requested the Inspector-General of Police to free her from illegal detention. It is interesting to note that Governor Chime confirmed the allegation that he had detained his wife. In a desperate bid to justify the illegal detention he said he did it in
her own interest. As if that was not enough the governor said his wife was mentally challenged. For goodness sake there was no basis for such defamatory statement. To the best of my knowledge, Mrs. Clara Chime is not suffering from mental disability. She is logical and sensible in her reasoning. Happily, we have succeeded in liberating her and she is now enjoying her freedom.
What’s your assessment of the Anambra governorship election which PDP and APC and Labour Party, LP, candidates called for its cancellation?
The Anambra governorship election has confirmed that INEC requires a total reorganisation. It is not sufficient to accuse some officials of having sabotaged the election. Professor Attahiru Jega must accept responsibility for the gross mismanagement of the election and move speedily to identify all such saboteurs in the INEC and relieve them of their positions. Under Professor Maurice Iwu, the INEC was a machinery for fixing results of elections and for all kinds of electoral manipulations. Apart from the removal of Professor Iwu and the appointment of Professor Jega nothing has changed in INEC. In other words the rigging machinery has remained intact.
Hence, INEC has continued to conduct terribly bad elections with lack of materials, lateness of materials, late arrival of materials, non-payment of electoral officers etc. Unless the INEC is re-organized and restructured it is going to bundle the 2015 general elections. If the INEC cannot successfully conduct the gubernatorial election in one state, where is the assurance that it is prepared to handle the presidential, legislative and governorship elections in other parts of the country, in one day? Was the 2011 general election not postponed midway due to insufficiency of electoral materials?
I can assure that those who sabotaged the Anambra governorship will smile to the bank. They won’t be sanctioned. Owing to official impurity the manipulation of the electoral process is not going to stop so soon. Nigerians should brace up for further abolition of another electoral process.
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