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Nigerian Legislature And Impeachment Procedure (1)

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Impeachment matter is
a very sensitive one which potentiality cannot be overemphasized. Impeachment can save a country from total fall or collapse of its institutions or organs but it can also be the precipitating enzymes to hasten the collapse of the system. It can make or reform a society by purging it of corrupt leaders and dictators, just as it can rock the boat before it sails safely to the promise land.
Impeachment and threat of it are used to curb the invidious or unpleasant excesses of man vested with power, to assert the effectiveness and supremacy of the constitution and to defend the ideals, values and integrity of the corporate society. It is a necessary sword within the arsenal of powers separation and is an inbuilt constitutional mechanism to ensure its strict compliance.
Impeachment is also used as a check on arbitrary and autocratic tendencies, foster responsibility and responsiveness of public officials, and its use guarantees accountability in governance.
The history of informal impeachment practice and tradition in Nigeria predates her independence. It was part of the pre-colonial administration of the old Yoruba Kingdom through which the Oyomesi Council could dethrone erring king by inviting him to open a calabash, an indication that the said king had lost the support and favour of the people. During the colonial era, Governor-Generals or District Commissioners as they were known, and other officers working for the colonial government were in office at the favour of the colonial authority, who had an unquestionable discretion to hire and fire any colonial official at will.
At independence in 1960, the Westminster or parliamentary system of government bequeathed on Nigeria recognized “vote of no confidence” on the prime minister and his then cabinet to put them out of power once it was passed. The method of removal from office was characteristic of parliamentary system of government and it was not practicable in presidential system. Presidential system of government takes a complex process and procedure for removal or impeachment of erring public officials.
The practice of “vote of no confidence” was the practice in Nigeria until the introduction of presidential system of government under the 1979 constitution. The formal procedure for removing the Governor or Deputy Governor was provided in Section 170 of the Constitution just as the constitution also provided for the removal procedure in respect of the office of the President or Vice President. Barely twenty months of the introduction of the 1979 Constitution, the impeachment section was tested in Kaduna state where the removal of the then state’s governor and his deputy made them the first public officers to be impeached.
Under the 1999 Constitution, Nigeria has witnessed a plethora of impeachment cases of the most bizarre types, some of which the senate excercised its power to remove its leaders under Section 50 (2)(C) and sent two Senate Presidents packing while others heeded the safer advice to resign before the removal motion was moved at the floor of the parliament. The year 2002 will continue to be remembered as a season when impeachment and threats of impeachment at all levels of government almost rocked the very foundations of Nigeria’s nascent democracy. Not fewer than five state governors were removed under the 1999 Constitution, all of which were declared by the court to be unconstitutional.
Among those removed was Senator Rashid Ladoja of Oyo State, who was purportedly removed for his disloyalty to the controversial politician and acclaimed god-father of Ibadan politics, Alhaji Lamidi Adedibu. The next was Governor Peter Obi of Anambra State under the All Peoples Grand Alliance (APGA), who went up to the Court of Appeal to secure his mandate but could not work harmoniously with the PDP-dominated House of Assembly of his state that eventually impeached him on trumped-up shares of gross misconduct.
In Bayelsa State, Governor D.S.P Alamieyesegha was ultimately removed from office through the instrumentality of the Nuhu Ribadu’s Economic and Financial Crimes Commission (EFCC) as former President Olusegun Obasanjo pressured the State House of Assembly to remove him to facilitate his arrest for alleged money laundering. Ayo Fayose was also removed from office as the governor of Ekiti State for alleged misappropriation of state funds and for his purported complicity in the murder of Daramola,      a   rival   gubernatorial candidate at time.

 

Shedie Okpara

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Opinion

Shape Of Things To Come

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In monitoring and surveillance activities, there are two abbreviations that are given priority attention, namely: STC and DEWS, which stand for Shape of Things to Come and Distant Early Warning Signs. From aviation, to health and security industries, shape of things to come and distant early warning system are taken seriously, with appropriate precautionary measures sought and put in place immediately such alert features. Whatever may be the nature of issues concerned, various activities and organisations put precautionary measures in place, and people given some orientation on how to respond to alert.
The Tide, Friday, January 7, 2022, Opinion: Page 9, “That Buhari’s Interview”, by Calista Ezeaku, contained more information than an average reader would grasp. A President’s interview with a television house is obviously not a domestic affair, hence there was a detection and comment about “a close-minded approach to serious national issues”. It was not enough also that someone would say: “From the economy, to insecurity, killings of innocent farmers by terrorists … and other sundry issues, President Buhari honoured his calling as a president who has nothing new to offer”.
It is needful to add that the task of managing affairs that affect millions of people demands that when such a manager has nothing new to offer, what would follow should be an honourable resignation from the task. With regards to the tenure and performance of Buhari, distant early warning signals had long been ignored, denied or distorted, such that one man’s interests can override and become more important than those of millions of people who must bear the brunts of political amnesia.
Management failures do not always arise from wrong decisions and policies, but more often from the intrigues and shenanigans hatched and padded into a management system by a cabal or sapiental authority are not answerable to the masses but always cause great harms for which they are rarely held accountable, nor would the big boss have the courage to dismiss or detach himself from such political parasites. The result of this system of political administration is the installation of weak institutions and structures.
This is why a public analyst would observe and say that “all the abuses of powers by the governors are possible because of the flawed electoral system in the country”. From the refusal to allow for a state police as a complement to the federal police, to the lethargy involved in introducing a fraud-free electoral process, there are parallel forces in government that would not allow leakages and flaws in the system to be closed or checked effectively.
When “administrative banditry” becomes institutionalised, the result would be the situation which we experience currently in Nigeria. Since this anomalous situation had been going on, long enough for more and more Nigerians to know the tricks, it would not be hard to predict the nature of mass reaction to the malpractices. Especially when each federating unit which should be independent and able to have state police and manage indigenous resources cannot be allowed to do so, it is easy to see the shape of things to come in the near future.
For the information of obtuse members of the Nigerian ruling elite and the groups or institutions that shield and protect them in their malpractices, there are glaring signals that the Nigerian masses are wiser now. Even if new tricks are introduced to create a semblance of change from the old system, that would not be enough to avert the shape of things to come. There was a distant early warning signal that the movement of cattle and herders Southwards was a ploy to pursue some hidden agenda.
To quote Mrs Ezeaku again: “It is also worrisome that in this age, the president still believes that establishment of grazing routes would solve the persistent problem of farmers-herders clashes in the country”. Rather than admit that there was a definite hostility against farming communities in Southern parts of Nigeria by herdsmen, President Buhari told American audience that the issue was a cultural one, rather than acts of terrorism. Check all the antics and shenanigans, from Ruga to the quest for allocation of land and huge donations to patrons of cattle business in Nigeria by the federal government, it is easy for anyone to see and read the “handwriting on the wall”.
To have a mindset that all Nigerians can be fooled and bamboozled all the time, would be to cultivate “a close-minded approach to serious national issues. The worsening state of insecurity in Nigeria requires a more broad-minded approach to address the challenge. Not a few Nigerians suspect a possible re-enactment of the Afghan/Taliban experience in Nigeria, whereby a section of our security forces can be described as complicit. General T. Y. Danjuma raised such alarm long ago.
Recently, a Nigerian professor was quoted as picking holes with the observance of New Year on the ground that it is associated with Christian calendar. The idea is that since Islam has a different calendar and new year, the Julian Calendar introduced in 46 B.C. by Julius Caesar, with 365 days in the year, should cease to be. The other alternative would be to recognise and observe the Islamic calendar alongside. Already, there is a similar move to make Friday a work-free day, like Sunday.
There are a few zealots and fanatics carrying these issues too far, to the extent of sponsoring terrorism as an act of proselytism, with recognition and implementation of Sharia law as a mission. This is where the influence of the Organisation of Islamic Conference (OIC) needs to be examined, to ensure that democracy and secularism are not placed in jeopardy.
There are glaring pitfalls which Nigeria must strive to avoid, if the nation must survive current challenges. There is a need to re-organise the security and intelligence organs of the nation, revisit the issue of the true federalism and ensure that no ethnic group or power bloc boasts of being Born to Rule. There is more to the glib talks about corruption than what we put emphasis on. To allow current imbalances and inequities to continue would be chaotic!

By: Bright Amirize

Dr Amirize is a retired lecturer from the Rivers State University, Port Harcourt.

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Opinion

Citizen And Government Reciprocity

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Simply speaking, reciprocity refers to rewarding kind actions and punishing unkind actions. It is the practice of exchanging values with others for mutual benefits.
There is Government-citizen reciprocity. Mutual exchange of privileges between the people or the governed and the government is predicated on the principle of social contract. First the people vote for a government to assume the mantle of leadership while the government is expected to reciprocate this gesture of mandate by fulfilling their electioneering promises.
In a second perspective social psychologists see reciprocity as a “Social norm of responding to a positive action with another positive action, rewarding kind action”.
How can the citizens and residents of Rivers State demonstrate reciprocity with the Government of the State over the dividends of democracy delivered to them in the last six years?
Surely Rivers State Government through its New Rivers Vision blue print has delivered the needed development and general good.
It is interesting to recall that when Rivers State Government began its Urban Renewal Programme and building of road infrastructure, it called on Rivers people to make the necessary sacrifice to enable government complete the projects on record time.
The projects indeed are expected to add great values to the people and the city of Port Harcourt in terms of aesthetics and improved urban logistics.
Only those with village mentality can wish away the beauty, glamour and convenience which the modern fly over in Port Harcourt has provided.
It is also important to observe that Rivers State Government took the right steps when it contracted the services of the Civil Engineering giants Julius Berger. The German firm has reputation of delivering solid and functional projects in Nigeria.
It was on the bases of this reputation that Rivers State Government pleaded with host communities of the ongoing construction of fly overs to observe restraint in their expectations and demands.
Government has also encouraged Julius Berger to exercise full corporate Social responsibility to the benefits of host communities.
These communities were expected to organize their unemployed youth population to engage in lower grade labour and supplies peacefully.
The recent grandstanding by some members of these host communities in the State capital is therefore worrisome.
These restive youths were expected to reciprocate the gesture of State Government in hosting and protecting these infrastructures in their communities.
The government had appealed to them through their community leaders to observe the necessary restraint and allow the company to complete the projects to avoid the uncompleted project syndrome in the state.
The government/citizen reciprocity was expected to play out here in the positive sense. The positive gesture by the people should be by owning and protecting these projects from any form of sabotage.
Sabotage on public infrastructure has become serious threat in the state and some, as in the case of the Julius Berger Community boys brouhaha could be politically motivated. It will be unfair for any group of persons or community to instigate any form of crisis to abort the plans and programmes of Government to the people, for any negative reason. When the right hand washes the left hand, the left hand in return washes the right hand. Road infrastructure is a venture that adds social and economic values to the beneficiaries. It opens and expands the space of a given community, saving it from suffocating grid lock which affects social and economic activities of communities in close proximity.
According to Carrol Ouigley “The basis of social relationship is reciprocity: if you cooperate with others, other will cooperate with you”.
Government of Rivers State has shown good will to all the people of the state. Governor Nyesom Wike has demonstrated enough concern for the welfare and wellbeing of the state. He has brought development to every part of the State, irrespective of their political and ethnic inclinations.
The Trans Kalabari High way project conundrum had lingered too long. One would have thought that the rescue plan of Government in prosecuting it would bring Joy to the people of the area and elicit support of all segments of that society.
Unfortunately, those who do not want any good for themselves and government have begun criminal activities, aimed at crippling the project.
There was an era in this state when government projects were grounded because of criminal activities by few citizens.
The recent kidnapping of staff of the firm working on that project is a sad commentary which brings back sad memories of the past. Insecurity is anathema to development. The Trans Kalabari High way project is expected to open up the area which is in the heart of Creeks, and Rivers. Community leaders should rise up to the occasion and call their people to order. A difficult terrain such as this makes the penetration of development very difficult.
The one city status of Rivers State will continue to subsist if communities are not opened up for social infrastructure and economic investment.
The security operatives in Rivers State should protect development projects from the activities of men of the underworld. It is on record that Rivers State Government has been supporting and providing for all security Operatives in the State. It is therefore incumbent on the Police and the Armed Forces to reciprocate by showing capacity in protecting lives and property in the State. The Federal Government must reciprocate the gesture of Rivers State Government and motivate functional security architecture in the State.

By: Bon Woke

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Opinion

Shape Of Things To Come

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In monitoring and surveillance activities, there are two abbreviations that are given priority attention, namely: STC and DEWS, which stand for Shape of Things to Come and Distant Early Warning Signs. From aviation, to health and security industries, shape of things to come and distant early warning system are taken seriously, with appropriate precautionary measures sought and put in place immediately such alert features. Whatever may be the nature of issues concerned, various activities and organisations put precautionary measures in place, and people given some orientation on how to respond to alert.
The Tide, Friday, January 7, 2022, Opinion: Page 9, “That Buhari’s Interview”, by Calista Ezeaku, contained more information than an average reader would grasp. A President’s interview with a television house is obviously not a domestic affair, hence there was a detection and comment about “a close-minded approach to serious national issues”. It was not enough also that someone would say: “From the economy, to insecurity, killings of innocent farmers by terrorists … and other sundry issues, President Buhari honoured his calling as a president who has nothing new to offer”.
It is needful to add that the task of managing affairs that affect millions of people demands that when such a manager has nothing new to offer, what would follow should be an honourable resignation from the task. With regards to the tenure and performance of Buhari, distant early warning signals had long been ignored, denied or distorted, such that one man’s interests can override and become more important than those of millions of people who must bear the brunts of political amnesia.
Management failures do not always arise from wrong decisions and policies, but more often from the intrigues and shenanigans hatched and padded into a management system by a cabal or sapiental authority are not answerable to the masses but always cause great harms for which they are rarely held accountable, nor would the big boss have the courage to dismiss or detach himself from such political parasites. The result of this system of political administration is the installation of weak institutions and structures.
This is why a public analyst would observe and say that “all the abuses of powers by the governors are possible because of the flawed electoral system in the country”. From the refusal to allow for a state police as a complement to the federal police, to the lethargy involved in introducing a fraud-free electoral process, there are parallel forces in government that would not allow leakages and flaws in the system to be closed or checked effectively.
When “administrative banditry” becomes institutionalised, the result would be the situation which we experience currently in Nigeria. Since this anomalous situation had been going on, long enough for more and more Nigerians to know the tricks, it would not be hard to predict the nature of mass reaction to the malpractices. Especially when each federating unit which should be independent and able to have state police and manage indigenous resources cannot be allowed to do so, it is easy to see the shape of things to come in the near future.
For the information of obtuse members of the Nigerian ruling elite and the groups or institutions that shield and protect them in their malpractices, there are glaring signals that the Nigerian masses are wiser now. Even if new tricks are introduced to create a semblance of change from the old system, that would not be enough to avert the shape of things to come. There was a distant early warning signal that the movement of cattle and herders Southwards was a ploy to pursue some hidden agenda.
To quote Mrs Ezeaku again: “It is also worrisome that in this age, the president still believes that establishment of grazing routes would solve the persistent problem of farmers-herders clashes in the country”. Rather than admit that there was a definite hostility against farming communities in Southern parts of Nigeria by herdsmen, President Buhari told American audience that the issue was a cultural one, rather than acts of terrorism. Check all the antics and shenanigans, from Ruga to the guest for allocation of land and huge donations to patrons of cattle business in Nigeria by the federal government, it is easy for anyone to see and read the “handwriting on the wall”.
To have a mindset that all Nigerians can be fooled and bamboozled all the time, would be to cultivate “a close-minded approach to serious national issues. The worsening state of insecurity in Nigeria requires a more broad-minded approach to address the challenge. Not a few Nigerians suspect a possible re-enactment of the Afghan/Taliban experience in Nigeria, whereby a section of our security forces can be described as complicit. General T. Y. Danjuma raised such alarm long ago.
Recently, a Nigerian professor was quoted as picking holes with the observance of New Year on the ground that it is associated with Christian calendar. The idea is that since Islam has a different calendar and new year, the Julian Calendar introduced in 46 B.C. by Julius Caesar, with 365 days in the year, should cease to be. The other alternative would be to recognise and observe the Islamic calendar alongside. Already, there is a similar move to make Friday a work-free day, like Sunday.
There are a few zealots and fanatics carrying these issues too far, to the extent of sponsoring terrorism as an act of proselytism, with recognition and implementation of Sharia law as a mission. This is where the influence of the Organisation of Islamic Conference (OIC) needs to be examined, to ensure that democracy and secularism are not placed in jeopardy.
There are glaring pitfalls which Nigeria must strive to avoid, if the nation must survive current challenges. There is a need to re-organise the security and intelligence organs of the nation, revisit the issue of the true federalism and ensure that no ethnic group or power block boasts of being Born to Rule. There is more to the glib talks about corruption than what we put emphases on. To allow current imbalances and inequities to continue would be chaotic!

By: Bright Amirize
Dr Amirize is a retired lecturer from the Rivers State University, Port Harcourt.

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