Doubts Over Reps Member’s Integrity

The ruling of the Supreme Court on a former member of the House of Representatives, Herman Iorwase Hembe has sent jitters into the spines of some other legislators that are still battling in courts to save their offices. In this report, AMOS DUNIA peruse through one of such cases involving Hon Benjamin Iorember Wayo who was once terminated by the Benue State Judicial Service Commission over what was considered as his ‘doubtful integrity’.

Following the Supreme Court ruling that sacked a former member of the House of Representatives, Hon Herman Iorwase Hembe, and an order that he should refund all salaries and allowances he collected for the two- year period he wrongfully occupied the office, fear has now gripped other members of the House. One of the affected members with similar and other added cases hanging over him like the sword of Damocles is a lawyer turned politician also from Benue State, Hon Benjamin Iorember Wayo.
Wayo, who was once terminated from service as a Magistrate by the Benue State Judicial Service Commission is believed to have suppressed the letter terminating his appointment ,while filling his INEC nomination form and, instead, presented a forged and doctored letter of appointment allegedly used as payment of his one-month salary in lieu of notice of termination.
Craftily put, Hon Wayo attached as Exhibit ATG-5 in the document he presented to INEC with a view to give the impression that it is the letter that terminated his employment.
Checks by Forefront from available records showed that Wayo, as a Magistrate II, was found guilty of contravention of code of conduct for judicial officers by the Benue State Judicial Service Commission on grounds of doubtful integrity that include; “demanding and receiving bribe from the members of public, conducting mobile courts without the authority of the Chief Judge of Benue State, being a member of task force on environmental sanitation in Gboko Local Government without the permission of the judicial service Commission of Benue state, being Chairman and member of Tiv Development Network, a socio – political organization whose membership was found to be incompatible with his appointment as a judicial officer and arbitrary use of Judicial powers by issuing orders sealing petrol stations.”
The list of his demeanor used to axe him by the Benue State Judicial Service Commission did not end at the above mentioned. They also included “imposing illegal fines, harassing innocent members of the public, blackmailing, putting litigants under threats and unlawfully approaching a Judge of Benue State High Court, with a view to influencing him on behalf of his friend, who was standing trial in the High Court.”
Following his termination of Wayo from his employment with the Benue state Judicial Service Commission (JSC) vide Letter of Termination Reference No.: JSC/SEC/P/1192/1/39 dated 4th September, 1997, he cleverly latched on paragraph 7 of the Letter of Termination which read; “You will be paid one month’s salary in lieu of notice,” which was in accordance with civil service rules to now claim as if it was a normal termination without an offence.
However, one month after his termination of his appointment based on his misdeeds, Wayo, wrote a letter of humble plea to the JSC, asking that the wordings contained in the letter of termination on ground of “doubtful integrity” be revisited as it was, in his opinion, too damaging to his person and would certainly affect his future. His plea was however rejected by the Benue State Judicial Service Commission which promptly replied him, stressing that the termination of his appointment was the least punishment that could and was meted out on him.
Following the refusal of the Benue JSC to grant Wayo’s request, he then challenged the termination at the Benue State High Court, Makurdi in suit MHC/122/97 on “Doubtful Conduct” based on “Doubtful Integrity.” Again, he lost it and had to appeal the judgment which he also lost at Court of Appeal Jos, in suit CA/J/279/2001. The Court of Appeal judgment was published and reported as “Benjamin Iorember Wayo Vs Judicial Service Commission, Benue State (2006) all FWLR (part 302)66.”
These are some of the issues Engr. George T. Alkali Nduul, who contested and won the Party primaries of the All Progressives Congress (APC) for Kwande/Ushongo Federal Constituency but was denied the ticket by the party leader in the state, who preferred his anointed son as candidate.
Nduul is also challenging the qualification of Wayo to have contested the primary election of House of Representative, Kwande/Ushongo Federal Constituency, Benue State in a pre–election matter on basis of failure to comply with the Guidelines and Constitution of the APC that required a contestant to purchase the nomination form. Specifically, Nduul is equally pursuing alleged presentation of false information by Hon Wayo with regards to reason he gave for leaving the Benue State Judiciary in his INEC Form CF 001 where he was dismissed as Magistrate in 1997 for having “Doubtful Conduct” which translated to being a person of “doubtful integrity.”
Attempt by Wayo to discredit a Court of Appeal document on his case also fell flat on its surface as it was discovered that, as at the time in year 2001 of transmitting the records of suit No. MHC/122/97 at the Makurdi High Court to Court of Appeal, Jos in Appeal No. CA/J/279/2001, the document letter reference No.: JSC/SEC/P/1192/1/40 dated 4th September, 1997, Exhibit ATG – 5 was not forged, altered nor doctored as claimed by Hon Iorember Wayo in year 2014.
Nduul contends that the intendment of INEC, with the question on their its Form CF001 at paragraph 13 D (i) working experience with dates “(Reasons for leaving, attach evidence) is to know the reason why a candidate left his or her former employment, stressing that it is aimed at assisting the electoral commission to have a fore-knowledge of the character of a candidate the party is presenting for an election.
Nduul is also contesting the screening of Wayo, who he said was not properly screened and cleared by the party to qualify him eligible to stand election at the APC primaries. Based on this, Nduul approached the Federal High Court, Makurdi, Benue State to contest the non-compliance of paragraph 4B of the APC guidelines which provides that “violation of any of these guidelines shall attract automatic disqualification”; and that under paragraph 4A(5) of the party guidelines, “only aspirants fully cleared by the party shall be eligible to stand election at the parties primaries” just as paragraph 12.1 (d) states that “The screening exercise shall be mandatory for all aspirants without exception.”
He also said that since the APC made it mandatory that, all aspirants should deposit N2,000,000.00 (Two Million Naira) in four designated Banks (Zenith Bank,. First Bank, Access Bank & Eco Bank) a printout is immediately generated that is classified as a payment advice slip (payment receipt) with the Logo of the Bank on it confirming payment of the Bank teller for the Nomination Form. Nduul argued that Hon Wayo was unable to provide the needed requirement, but merely forwarded a purported Bank Teller of First Bank with no date of payment, branch or cashier signature. In this wise, Nduul is insisting that Wayo, for being unable to provide his payment advise slip, has shown without any doubt that, he did not purchase the nomination form, stressing that it is therefore crystal clear without any shadow of doubt that Wayo did not pay for the party nomination form.
Several attempts by this magazine to get Wayo’s side of the story met a brick wall, as calls to his phones were never picked, just as text messages sent were not responded to.