Impeachment Gale: Due Process And Trash

By

Marshall Ifeanyi

ifeanyimarshallc@yahoo.com

 

There has generally been impeachment gale encircling this administration for the past seven years at all levels of elective offices in the country especially if we recall the removal of some senate presidents, the speaker of the Federal House Representatives and later it became the deputy governors and finally governors. We may not also be quick to forget the efforts to remove the president himself in the early times of this administration.

 

In the face of these ugly trends one is wont to ask: are due processes being followed in the course of these impeachments? Are they constitutional? Are the motives for the impeachments genuine, in the interest of the state/electorates or are they politically motivated to satisfy the selfish aspirations of a few unscrupulous individuals? Are the offences for which the targets are being impeached culpable and impeachable?

 

In less than one and half months, three governors, Ayo Fayose, Ekiti State, Peter Obi, Anambra State and just recently, 13/11/06, Joshua Dariye, Plateau State, joined the list of governors that were impeached. About nine months ago, Rashidi Ladoja of Oyo State was impeached not forgetting the Bayelsa State governor DSP Alameseighya earlier impeached.

 

The 1999 constitution of the Federal Republic of Nigeria is unambiguous (section 188) on the procedure for removing any erring governor. A careful study of the relevant section of the constitution leads one to conclude that it would be difficult to unseat any governor through constitutional stipulates, no matter the impeachable offences committed.

 

In this season of impeachments in Nigeria, one then may not be wrong to assert that there is a whole lot wrong with the political system in Nigeria, What maybe that thing? Before proffering answers to the above questions and more, anyone who takes a careful examination of the provisions of the 1999 constitution and incidents of the past one and half months will see that from the time of impeachment of Rashidi Ladoja, as the court have spoken, it was widely condemned as a gross violation of the supreme law of the land. The democratic process has been experiencing convulsion as more state chiefs were removed with different interpretations on the legitimacy and constitutionality of the procedures used.

 

The state assemblies in Ekiti, Anambra, Plateau, Oyo and even Bayelsa States, under the alleged prodding of internal and external forces, discovered and are still discovering a potent weapon which they have resolutely been applying. The application of impeachment option must have recourse to due process to avoid generating ripples and constitutional questions from the bar and the bench.

 

The case of Ekiti State and due process in the face of impeachment also comes to the fore. Ayo Fayose, the impeached governor of Ekiti State was one governor with alleged record of mismanagement of public funds and linked to serial killings. Would due process have been able to unseat such a man?

 

With due process and strict compliance with the provisions of the 1999 constitution, Nigerians wonder whether 6 legislators could sign the impeachment notice of Governor Dariye of Plateau State and it became legitimate as it happened recently. Dariye was arrested over money laundering in London; he admitted he shared 1.16 billion ecological funds among some staunch members of his political party- PDP. People are amazed still at the ruse being made of our rule of law.

It is an understatement to say that politics also play a role when due process is threatened. But with the Nigerian situation, there is almost a national consensus that democratic due process is necessary to avoid subjecting our laws to systematic violation.

 

The situation in Anambra state when Peter Obi was impeached on Thursdays Nov. 2, 2006 is a good case to show that no matter how right and constitutionally backed-up a cause or a faction maybe, if it did not have the backing of certain forces it cannot see the light of day. A total ruse of good faith, honesty and uprightness.

 

Many commentators are still confused on how the Mike Belonwu-led faction of the Anambra State House of Assembly got 21 votes of the 30-member house when no fewer than 13 legislators were on Obi’s side? What of the one hospitalized in London and the 2 who denied ever being part of this seeming crooked plot?

 

Like Obi said, it is not just a miscarriage of justice but a very sad development in our nation and especially this nascent democracy. It is indeed a criminal act which was executed at about 5.30am outside the assembly complex under the cover of darkness. Impeachment is a weighty issue that can only be done in daylight since it is all in public interest. An action so unparliamentary as Obi had not even properly briefed the CJ of the state his defenses while Etiaba is yet to be examined.

 

It then becomes obvious that the decision is informed by greed, it is a blatant assault on the rule of law and good governance and there are indications that their  actions are backed by PDP leadership and Chief  Andy Ubah who wants to be the governor next year. How a people are used to destroy their own heritage!

 

The composition of the various State Houses of Assembly and the crucial role of corruption, coupled with greed cannot be over emphasized in the various impeachment exercises so far recorded. Many of the legislators were sponsored to the house by their respective governors who never wanted a vibrant assembly. Some of the states Chief Judges were also those who could be controlled by the governors who on monthly basis disburse fat state funds without recourse to transparency and accountability.

 

With what we have seen so far in the impeachment procedure of some governors, no matter the level of corruption of some governors, due process will never get them out of office. And that is how an innocent governor may be gotten rid of, if he ignores the legislators and the head of the state judiciary.

 

There may be need to amend some sub-sections of section 188 of the Nigerian constitution especially sub-section 5. The power to set up a panel on an erring governor maybe vested in either the President of the Court of Appeal or the Chief Justice of the federation. This will reduce the level of “mago mago” of some state CJs who are tied to the apron strings of their governors.

 

Unless these and many other measures are taken, no impeachment bid will stand the test of time and the society will be worse for it.

 

 

Marshall Ifeanyi

VON Qtrs, Area 11, Garki, Abuja

ifeanyimarshallc@yahoo.com, mchinaka@nigeria.gov.ng