Of Impeachments and Legislative Rascality – By Arnold A. Alalibo

Posted by admin Adamawa, Arnold Alalibo, Articles, Columnists, NNP Columnists, State News Monday, August 18th, 2014

By Arnold A. Alalibo | NNP | August 18, 2014 – In all democratic societies, there are mechanisms put in place to checkmate the excesses of their leaders. This is in accord with the maxim of Lord Acton that “power corrupts and absolute power corrupts absolutely”. Fortunately, Nigeria, like most countries, has one of such mechanisms in place. This is known as “impeachment”.

Regrettably, this concept almost destroyed the emerging democracy at the time between 2005 and 2007, when it was grossly abused. Some Nigerians were wont to ask where we got it wrong; whether from Britain, our colonial masters, or the defective 1999 constitution. Others think we got it wrong because our political class has diaphanous regard for constitutional provisions?

Between 2005 and 2007, five state governors were impeached by their respective state assemblies; and the only similarity in the impeachments is the absence of due process. They were all removed in gross defiance of the constitution.
In the United Kingdom, UK, for instance, the only time the impeachment clause was effected was in 1795 when Warren Hastings was impeached. Since then the clause has not been invoked. Rather the country has evolved what today is known as “vote of no confidence” on any public officer who engages in gross misconduct. The impeachment process is sparingly used in the UK. It is utilized only when it is absolutely necessary.

Similarly, in the United States of America, USA, the concept is applied across both political and non-political office holders. Senators, governors and their deputies, the president and his vice, judges, civil office holders etc. are liable to impeachment. In that country, impeachment matters are handled with utmost care. Since 1787 when their constitution became operative, only 13 officers have so far been removed from office. This indicates how Americans guard this provision jealously to avert political instability. It is only resorted to when other avenues have failed.

However, in Nigeria, the constitutional provision regarding impeachment is unclear. Section 143 of the 1999 Constitution provides for the impeachment of both the president and the vice president. Also, Section 188 provides for the removal of governors and their deputies. This section is similar to the extant 1979 Constitution under which Alhaji Balarabe Musa of old Kaduna State was removed.

Curiously, both the 1979 and 1999 Constitutions do not have explicit provisions for impeachment. This is in contradistinction to the US Constitution which stipulates the grounds for impeaching a public officer. The 1999 Constitution only provides that an elected officer to be removed must be guilty of “gross misconduct” in Section 188(11). Meanwhile the term “gross misconduct” has been left to the reckless interpretation of lawmakers. They determine what constitutes gross misconduct. The constitutional provisions regarding impeachment have placed state governors at the mercy of legislators who are quick to manufacture what amounts to “gross misconduct”.

The case of Mr. Peter Obi, the immediate past governor of Anambra State, is a typical example of this legislative rascality. The Supreme Court, had in Obi’s case, and other impeachment matters it handled, attempted to give judicial definition of the term and even highlighted the grounds that would constitute “gross misconduct”. The 1999 Constitution provides for an elaborate process before an executive can be impeached in Sections 143 and 188. The procedure is clearly sequential and must be duly complied with. Sadly, it is being violated by most state assemblies who engage in the removal of their governors.

For instance, the former governor of Ekiti State and current Governor-Elect, Ayo Fayose, was removed without following due process. This eventually led to the declaration of a state of emergency by the then President Olusegun Obasanjo. Rasheed Ladoja of Oyo State was also removed by 18 lawmakers below the constitutional mandate of two-third at a hotel outside the approved place of sitting of the house.

Joshua Dariye of Plateau State had the worst share of illegality perpetrated during this period. He was impeached by eight out of 24 members of the Plateau State House of Assembly. The most recent controversial impeachment saga is the one involving Murtala Nyako of Adamawa State for corruption and gross misconduct. The Nasarawa State governor and the Enugu State deputy governor among others are undergoing impeachment processes in their respective states.

Politicians have taken advantage of the inadequacies of the law to perpetrate unnecessary impeachments for selfish reasons. Therefore as the constitution undergoes major alteration, there is need to amend Sections 143 and 188 relating to impeachment. Those sections should expressly provide what amounts to impeachable offences in place of the vague term “gross misconduct”. This will check the illegalities that characterize impeachment procedures being committed by lawmakers in the country.wp_posts