Opinion
Nigerian Legislature And Impeachment Procedure (11)
But before the Ekiti
State House of Assembly could conclude the removal proceeding, Fayose disappeared into the thin air to avoid being prosecuted by the EFCC. He later mustered up courage to face the music but even when the court declared his removal unconstitutional, he could not come back to reclaim his mandate in Ekiti State for the fear of beign arrested.
Like D.S.P. Alamieyesegha, Chief Joshua Dariye of Plateau State was alleged to have been arrested and arraigned before a London Court for money laundering but was granted a conditional bail and part of his undertakings was not to travel out of England.
When Dariye surfaced in Nigeria, Britain demanded extradition and this generated controversies for sometime. The simultaneity of the escape of the duo of Alamieyesegha and Dariye, from criminal prosecution in England attracted unfavourable international attention to Nigeria and threatened the recuperating image of the country. Feeling disappointed and could not tolerate any such leader that brought embarrassment to the people and nation, the Plateau State House of Assembly consequently removed him from office.
Like Fayose, Dariye disappeared before the conduction of the impeachment proceedings and could not come back to reclaim his seat as Plateau State governor even when the court had declared his removal unconstitutional.
On February 11, 2016, the Yola Division of Federal Court of Appeal declared the impeachment of former Governor Murtala Nyako of Adamawa State as unconstitutional, null and void. Nyako was impeached and removed by the Adamawa State House of Assembly on July 16, 2014 for gross misconduct. In a unanimous judgement by the five justices of the Court of Appeal, the court said Nyako’s impeachment was not done in accordance with the provisions of the law as the former governor was not served the impeachment notice personally.
The judges in the lead judgement read byJustice Tunde Ayotoye agreed that Nyako was not given a fair hearing, but struck out the appeal by Nyako to be returned as governor of the state because his tenure had elapsed. He would, however, be paid all entitlements due him while the matter lasted, according to the court.
All the aforementioned impeachment cases were held by the court to be unconstitutional and null and void.
The problem with Nigerian legislature is the total disregard of and non-compliance with the procedures laid down in the constitution for the removal of the governors. No matter how heinous the governors’ offence might be, or in the case of other public officials, their impeachment from office must be in accordance with the laid down constitutional procedures.
Sections 143 and 188 of the 1999 Constitution of the Federal Republic of Nigeria clearly laid down the procedures for the removal of a governor or deputy governor, including the President.
It therefore behoves the legislature at all levels to properly study the constitution to avoid exposing themselves to public ridicule and ignorance. Impeachment is a fundamental legal issue in Nigerian political philosophy and a deep-seated appreciation of its purpose as may be gleaned from its potency and corrosive effect as well as its labyrinthine procedure as provided in the 1999 Constitution of Nigeria, is as important and expedient as the safeguard and protection of the constitution itself. So, it requires a deep rooted understanding of the removal provisions and procedure in the constitution.
Concluded.
Shedie Okpara
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