IMPEACHMENT PROCEEDINGS as provided in the 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA is expectedly not subject to judicial interpretations. However due to this legal preclusion Lawmakers have become reckless,there by making the legislative duty of impeachment more of a "civil coup" against the executive.Similarly,the wanton constant and persistent harrasment of a sitting Governor or President and their deputies as the case may be, calls for urgent need for constitutional review.This piece would however specifically center on the procedure for impeachment at the state level.
I would first take the hint from learned jurist,Honourable Nnaemeaka agu during his lecture on, "Nigerian Courts and Domestic Applications of International Human Rights Declaration".The learned Jurist was of the opinion that "the doctrine of seperation of power cannot operate as a weapon against tyranny", he further stated that;
"the only remedy to the abuse of powers , safeguarding of human rights and preventing tyrannical use of power is through effective supervision of the administrations".
He was simply suggesting that each arm of government must be a check on the other.
On this premise , it is my candid view and position that the impeachment procedure enunciated in Section188 of the 1999 CFRN be immediately expunged and or jettisoned or in the alternative far reaching constitutional amendments be immediatly effected .
First, the sole arrogation of powers of impeachment to the legislative arm of government without a body to review same reeks of gross fundamental failure of constitutional checks and balances which as over the years led to the abuse of the legislative powers of impeachment by the House of Assembly of the various states. A case in point is the purported impeachment of Governor Ladoja of oyo state,by a 18 member faction of the House of assembly.The so-called impeachment was obviously a "joke" and a mockery of Section 188 of the 1999 constitution as the then incumbent Governor of Oyo state was served through a news-paper advertorial. Thereafter the purported "deputy speaker" of the 18 factional lawmakers forwarded "a notice of allegation of gross misconduct " to the Acting Chief Judge of oyo state,Justic Afolabi Adeniran ,urging him to set up a seven man panel, however a Six man panel was set up contrary to SECTIONS 188(5) CFRN 1999 and the then Governor was impeached on the "findings" of the so called panel. The impeachment was curiously carried out despite a letter written to the Acting Chief Judge of Oyostate by the constitutional elected speaker of the oyo state house assembly that the process be halted for want of constitutional due process.SEE SECTIONS 188(5)CFRN 1999. We appreciate the decisions of the Supreme Court and Appeal Court respectively voiding the "kangaroo impeachment process " of the then governor, Governor Ladoja of oyo state.
Secondly ,I propose that Section 188(5) of the 1999 constitution be jettisoned,as the powers vested on the Chief Judge of a state at the request of the Speaker of the House of Assembly to choose the constitutional required panel reeks ! In the alternative the panel constituted by the Chief Judge of the respective states should be comprised of Justices of the superior courts of the affected state concerned.
I also importantly propose another constitutional amendment of SECTION 188(10) CFRN ,to the effect that a decision or proceedings which bothers on the impeachment of an incumbent governor by the state house of assembly be reviewed by a panel of court having jurisdiction over the state. Now, I sternly frown at the proviso (10) of 188 of the CFRN which completely and crudely oust the jurisdiction of the court with regards to the illegality and otherwise of impeachment proceedings of state governors.It is my submission that this is barbaric and hence the "anti-rule of law proviso" be constitutionally uprooted from the root of the Nigerian constitution.
SECTIONS188(11) CFRN further provides that "gross misconduct" means grave violation or breach of the provisions of this Constitution or a misconduct as of such nature as may amount in the opinion in the House of Assembly to gross misconduct. This wide latitude accorded to the Nigeria legislators to determine what actually"gross misconduct" may be is despicable and clearly fraught with ambiguity. The then deputy governor of Enugu state,Mr Sunday Onyebuchi was curiously impeached for literarily "raising chickens" in the government house.
The powers vested in the above section must be curtailed or checked or even mitigated as it is solely against the tenets of the spirit of the rule of law and may indeed give room for abuse.
UMORU THEOPHILUS IKO-OJO is a Lagos based Legal Practitioner .
07065702465 ,Phylumoru@yahoo.com
No comments:
Post a Comment