Stakeholders express worries over wind of impeachment in some states

By Emeka Ibemere

Stakeholders have expressed worries over what they described as strong wind of impeachment rocking some states across the country which include; Ekiti, Ondo, Niger, Kastina,   Enugu and Eboyi.

The stakeholders opined that the gale of impeachment is not necessary as it may disrupt the smooth handing over come May, 29 2015.

 According to report, no fewer than six governors are battling the fire of impeachment ravaging their states. Two outgoing governors from the North, Babangida Aliyu of Niger State and his compatriot, Ibrahim Shema of Katsina State; Martin Elechi of Ebonyi State and his brother Sullivan Chime in the South East, and Ayo Fayose of Ekiti and the Ondo State Deputy governor are now in a battle of wits as their state lawmakers have threatened to impeach them before the expiry of their tenure.

In Niger State, the report said House of Assembly lawmakers have already impeached the speaker, Barrister Usman Adamu, and three other principal officers as a leeway to impeaching the governor himself. It was gathered that they are set to serve him impeachment proceedings.

According to reports, 19 of the 27-member House, surrounded with heavy security men, impeached the speaker and his deputy, Abdulraman Gmbo, and in a unanimous vote elected Hon Isah Kawu as the new speaker.

The House also elected Ahmed Bello of Agwara constituency as the new deputy speaker, Yusuf Kure of Paiko as the majority leader and Saudatu Kolo of Mashegu constitution as the new chief whip.

The member representing Lavun, Jacob Gana, moved the motion for the impeachment of the principal officers on the ground that they erred in their duties to the House and asked that Isah Kawu be made speaker pro-tempore. He was supported by Jibrin Bawa of Suleja constituency.

But, the impeached speaker, Adamu Usman, said that he had obtained a court order warning the House from taking the action and said the action was in violation of the court order.

He said the 19 lawmakers disobeyed the order to impeach him after 1.am against the rules of the House, stating that the target was to serve Governor Aliyu an impeachment notice.

According to him, the grievances of the lawmakers was to remove the governor was because of the alleged overhead and constituency allowances which the governor had refused to release to them since the beginning of this fiscal year.

“As far as I am concerned, I am still the speaker and the impeachment is null and void. I have not been accused of financial misappropriation; it is because the executive has not released overheads since the beginning of the year. Don’t be surprised that impeachment notice is served on the governor of Niger State tomorrow; the governor should be prepared,” he stated.

In Katsina State, it was 15 assembly members that have threatened to commence impeachment proceedings against impeach Governor Ibrahim Shehu Shema.

Danlami Kurfi representing APC, Kurfi told newsmen in Katsina that Shema allegedly involved in spending of public funds without recourse to laid-down procedures.

According to him, they were out to find reasons to the expenditures that included the N33 billion local government funds, selling of state houses in Katsina and Abuja, and SURE-P vehicles by the state government.

They accused the governor of failing to present audited state finance report to the state assembly as required by law, insisting that the move by the House was to ensure that things are done in line with the provisions of the constitution.

 “Issues have been raised and questions need answers from the executive arm of government,” he said.  “If we have erred before then it is now time to correct our past deeds by ensuring the truth is told to all Katsina people with true state of finances of the state, We are to write to him this next week notice of impeachment.

The impeachment saga in Ekiti State is no longer a  news. It started when former President General Olusegun Obasanjo dragged Fayose out of the government house and it was reactivated even as the governor was re-elected some months ago.

Mr. Ayo Fayose of the Peoples Democratic Party, PDP, was elected Governor of Ekiti State 10 months ago, All Progressives Congress,   contested his qualification. But the Ekiti State Governorship Election Tribunal on 19 December 2014 upheld Fayose’s election. On 16 February 2015, the Appeal Court ruled in Fayose’s favour, though it condemned the presence of the military which intimidated voters. The Supreme Court also affirmed Fayose’s election, maintaining that his 16 October 2006 impeachment was not a valid ground to disqualify him from the election, as the impeachment was unconstitutional.

Fayose’s recent headache of impeachment started when he allegedly used seven legislators to impeach a Speaker who had majority of 19 others on his side.

The 19 APC lawmakers who Fayose removed their speaker without due process decided to return same to the governor by allegedly serve him impeachment notice. But have been denied entry into the Assembly.

The governor was alleged to have received a notice of impeachment containing eight allegations from a majority of the members of the House, mainly under the platform of the All Progressives Congress, APC, which makes 19 of the 26 members. The impeachment notice, also served his deputy, Kolapo Olusola, has to do with alleged gross misconduct in the exercise of his powers.

The alleged sins of Fayose include: Invasion of the House of Assembly with thugs and miscreants;  Instigating an unconstitutional takeover of the House by seven legislators to sit in contravention of Section 96 of the Constitution of the Federal Republic of Nigeria; Prevention of the 19 APC legislative members from performing legislative duties with the use of security agents and armed thugs; Sponsoring an unlawful impeachment process in the House; Spending Ekiti State funds without requisite constitutional approval in contravention of the Constitution;  Running the government of Ekiti State without legally constituted Executive Council in contravention of Section 192 (2) of the Constitution of the Federal Republic of Nigeria , Operating an illegal 2014 Budget; and Instigating illegal sitting of the House.

The Ekiti State Council of Traditional Rulers have called on both the state governor, Ayo Fayose, and the All Progressives Congress members of the House of Assembly who recently served him notice of impeachment, to sheath their swords. The call was contained in a communiqué issued by the Council at the end of their emergency meeting.

The traditional rulers made the call on the same day the 19 APC lawmakers directed the Chief Judge, Ayo Daramola, to commence the process of probing allegations of gross misconduct against the governor and his deputy, Ojo Eleka.

In their communiqué read by its Chairman and the Onitaji of Itaji-Ekiti, Oba Adamo Babalola, the traditional rulers said the face-off between the executive and the legislative arms of government had been on since Mr. Fayose was sworn-in on Oct.16, 2014.

The Council said efforts made by the council to broker peace between the feuding political gladiators had consistently been stalled. “The position stalled all further deliberations and efforts to find an amicable settlement of the matter,” it said. “The recent development in our dear state is a source of concern and embarrassment to all well-meaning people of Ekiti State.

“It is sad that unfortunate incident which resulted in the death of one Mr Modupe Olaya of Efon-Alaaye could have been avoided,” the chiefs said.

During the opening of the NLC Delegate Conference in Ado Ekiti, the Ekiti State capital, NLC boss Wabba, who was represented by the General Secretary, National Union of Civil Engineering, Construction, Furniture and Wood Workers, Mr. Babatunde Liadi, said the impeachment plot had sent wrong signals to outsiders.

Enugu State governor, Barr. Sullivan Chime, has described the attempt by a faction of the state House of Assembly led by the speaker, Eugene Odoh, and 14 others to commence impeachment moves against him as a senseless excises. Chime described as false the insinuations in some quarters that he had been served the purported impeachment notice.

The governor said, rather, he had received communication from the Clerk of the House, Christian Chukwurah to the effect that a leadership change had taken place in the assembly with Hon. Chinedu Nwamba emerging as the new speaker.

According to him, the move by the group of 15 lawmakers did not comply with the provisions of section 188 of the nation’s constitution which deals with how a governor or deputy governor can be removed from office. He described the action, which is coming about few weeks to the end of his tenure, as not only mischievous but also malicious.

“Looking at the provisions of the constitution, they have clearly not complied with it. By the time they have the required number to articulate the allegations against me, the speaker is required by law to, within seven days, cause a notice to be served on me. Sitting in the early hours of Monday to me was rubbish. I’ve not been served any notice of allegations, which simply means they’ve not activated any action yet”, he added.

“More so, with the spate of suspensions and counter-suspensions, I don’t think they can even get the required two-thirds. What this simply means is that the matter is dead on arrival. By the time you look through the constitution, you will discover the number of months it will take them to carry out that exercise. Maybe, I am not really the one they are going to investigate. Perhaps, they are looking at the incoming government because by May 29, I will be out of this place. That is the folly in what they have set out to do.

“In their desperation, they overlooked due process. I can easily see what they are doing as a failed bid to investigate the governor. I’ve taken time to give these details because by tomorrow now, you will hear that the Chief Judge has refused to set up a panel. Let them hear it now that no CJ will listen to them”.

Reacting to the alleged forgery of the 2012 supplementary budget to the tune of N12 billion, Chime dismissed the lawmakers’ claims and explained that all the budgets of the state, from the inception of his administration till date, were public document.

Chime pointed out that in their haste to cast aspersions on him, the legislators forgot that he was not in the state from September 2012 till February 2013 when the said budget was approved by the House. He said he was ready to defend his actions as governor of the state at any time he was called upon, declaring that his administration had not, in any form, siphoned or embezzled any public fund since he came into office. Meanwhile, the Enugu State House of Assembly has remained sealed.

There is also fire of impeachment in the Niger State House of Assembly in Minna, as 21 lawmakers planned to impeach Governor Babangida Aliyu over the non-payment of their severance allowance and part of their February to April salaries.

Like Chime, the Aliyu administration end on May 29 was accused of owing the assembly members over N18m each as entitlements. But the process was botched when the speaker tactically withdrew himself from the plot. But the Chairman of the assembly’s Business and Rule Committee, Abdullahi Akwanu, expressed surprise, saying that   they had agreed after their executive meeting should go on, the next day. He said that it was regrettable that no leader of the House, including the speaker, was present.

The Ebonyi State House of Assembly also agreed to serve an impeachment notice on Governor Martin Elechi, after accusing the governor of corruption and gross misconduct.

Reports say a motion for the notice to be served on the governor was approved after the acting Majority Leader of the House, Francis Nwifruru, read details accusing Mr. Elechi of undermining the integrity of the House and committing fraudulent acts. It would be recalled that the Ebonyi Assembly had on Wednesday, February 18, 2015 set up a panel to investigate allegations of financial misappropriation against the governor and some of his aides. The assembly took the decision following petitions it received from alleged groups in the state, including Ebonyi Integrity Group.

In one of the petitions, the embattled governor, Elechi and his son, Elechi, and Edward Nkwegu, among others, were accused of contract inflation and illegal use of state funds for private gains.

Before the probe panel was constituted, the House Leader, Ikechukwu Ogbu, had read the petitions written against the governor on the floor of the assembly. The petitions were adopted through a motion sponsored by Ogbonnaya Nwifuru, a member representing Izzi West State constituency.

The Minority Leader, Enyi Enyi, described the allegations against Mr. Elechi as shocking, adding that the governor risked impeachment if found guilty. Other lawmakers urged the assembly to invoke all its constitutional powers to deal with the issue. They, however, pointed out that those accused would be given the opportunity to defend themselves before the house takes necessary action.

After debates on the petitions were heard, the Speaker, Chukwuma Nwazunku, called for a voice vote and members unanimously agreed that the governor be investigated.

The assembly, thereby, set up a special panel headed by Odefa Odefa, a member representing Onicha South, to further investigate the allegations and report its findings to the assembly.

The speaker noted that the essence of the special committee was to do a thorough investigation on the weighty allegations against the governor.

Mr. Elechi had told members of Ezza Ezzekuna Youth Congress, who paid him a solidarity visit at the government house in Abakaliki, that top politicians were holding meetings to remove him from office.

“I want to bring to your notice that some politicians who have vowed to govern this state at all cost have been holding secret meetings on how to impeach me,” the governor said. “They said I’m a bad person and that if I continue to remain in power they will not have their way of ruling the state. All I can say is that if they sack me, I will relocate to my home.”

It would be recalled that Governor of Adamawa State, Governor Murtala Nyako was impeached. Also, 24 of the 26 Ondo State House of Assembly members impeached the Ondo State Deputy governor.

Majority of Nigerians see the gale of impeachment as a distraction and blackmail of the House members asking why they have to wait till the tail end of the governors’ tenure.

Chinedu Onyeanuforo said the House members want to end the political life of some of the governors by trying to impeach them. According to him, some of the governors have become politically strong in their domain and would want to render them politically weak to aspire for further political positions in the next 10 years.

Mr Bola Oluleye, a student said it’s all about witch-hunting perhaps because of their stand on some state issues and the just concluded general elections in the country. “Why most of the threatened governors are PDP, he queried.  “Is that how to play opposition politics by using impeachment tools and try to rubbish the good works of some of the governors”.

“We don’t want one party system in Nigerian”, Earnest Okechukwu a businessman on Lagos Island emphatically declared. “Most of the governors they are trying to impeach have performed creditably well, but because of greed of the lawmakers they are coming now to impeach them”.

“It’s only in Nigeria that reckless impeachment takes place. They are trying to do what Obasanjo did 16 years ago, when he was removing governors on flimsy excuses. Just 20 days to leave office, somebody is sponsoring an impeachment process against a governor who has stayed for eight years”, Lucas Joseph, frowned.

“The governors deserved to be impeached if found guilty and there is no emotions here. If they contradict the law, they should be shown the way out even if it was 10minutes to the expiration of their tenures”.

Chief Dan Nwankwo-Asiegbu, a second Republic politician, once said the gale of impeachment was necessary to allow proper democracy to take root in Nigeria. He said those who harbour fear of one party state are those who are disappointed that power could stay this long in the South.

Also, Chief Sylvester Duru said he did not see any danger in the gale of impeachments going on in Nigeria. According to him, some of the governors may have looted their state treasury and they have to be stopped before the stop the state from functioning in the next dispensation.

Mrs Comfort Adebukola  said Nigerians should not worry so much about what is going on , adding that Nigeria a democracy  country must obviously observe all the tenets of democratic rules especially where it has been violated.

Ajayi Olatunji Olowo writing on the gale of impeachment and constitutional intricacies stated that  impeachment clause is a major weapon of check-and-balance in the Nigerian 1999 Constitution to check the abuse of enormous executive powers exercised and exercisable by elected functionaries of the executive arm of government - the President, Vice President, Governors and Deputy Governors, who are shielded from prosecution from criminal and or civil charges (in their personal capacities) while in office as contained in the provisions of section 308 of the constitution.

“From legal statutory interpretation point of view, it is instructive to note that the provisions of section 308 are meant to protect the aforementioned office holders from frivolous litigations that could otherwise distract them from focusing on proper governance”, he writes.

“It is not and would not have been the intention of the framers of the constitution that the executive office holders should hide under the immunity clause in section 308 to commit crime against the citizenry and the state in any manner whatsoever”

“Neither would it have been the intention of the constitution to shield executive office holders from legal repercussions where issues of gross misconduct tantamount to treason contrary to provisions of section 1 (2) of the constitution are involved”.

 According to him, as a check-and-balance against abuse of power in the normal course of governance, the legislature is empowered under section 188 of the constitution (in case of Governors/Deputy Governors) and section 143 (in case of President/Vice-President) to remove such an earring political office holder covered by immunity against prosecution of any kind under section 308.

“It then follows prima facie that for the affected political office holders to face prosecution, they would have to be first removed from office by the legislature (with a theoretically stringent two-thirds majority of all members of the legislature) in accordance with provisions of sections 188 or 143 of the constitution as the case might be”.