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Legislative Impeachments Without Due Process Must Be Stopped!- Dr Olufon. - Politics - Nairaland

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Legislative Impeachments Without Due Process Must Be Stopped!- Dr Olufon. by z07ion: 11:26am On Nov 24, 2018
GALE OF LEGISLATIVE IMPEACHMENTS WITHOUT DUE PROCESS!

Nigerian politicians are not gender-friendly when it comes to fighting dirty for positions of authority! The attitude of male chauvinism played out recently at the Anambra State House of Assembly when the female Speaker was almost edged out through a subtle but failed "coup attempt" by some disorganised honourables!

From all indications, the coupists were ignorant of the Fourth World Conference on Women in 1995 which produced the Beijing Affirmative Action Document which recommended 35% allocation of female representation in political positions in governments of all countries, to which Nigeria was a signatory, and so were bent on pursuing their ignominious assignment to a logical conclusion, even without forming a quorum! Hon. Rita Maduagwu, Speaker of the Anambra State Assembly, is believed to be the latest causality of the impeachment trend which has engulfed the entire political landscape of Nigeria since 2015!
Members, who according to reports could not secure tickets in the very disorganised and highly criticized Primaries of the All Progressives Grand Alliance (APGA), were the arrow heads of the purported impeachment!

She was alleged to have been impeached by 20 of the 30-member House on Tuesday, 13th November, 2018 while three other members of the House were also allegedly suspended!
Rita was accused of financial impropriety, gross misconduct, high-handedness and sundry allegations which were not served on her for defence! Hon. Ikem Uzozie, member representing Aguata II Constituency, who moved the motion for impeachment was said to have been subsequently substituted as the new Speaker!
According to trending news, there ensued a confusion as the Mace (symbol of authority), was hurriedly removed by the Clerk, who refused to swear in the purported new Speaker because, according to him, "due process was not followed and the recognized plenary was that conducted by Rita Maduagwu with twelve members"!
During an urgent intervention by the State Governor, Secretary to Government and the Chief of Staff, Speaker Maduagwu said that the foiled exercise was null and void, in futility and un-called for, as there was no crisis in APGA adding that two members among the purported 20, who claimed to form the quorum for her impeachment were absent from the Chambers!
The Anambra State Government and APGA leaders condemned the unlawful action of the legislators to ensure that status quo and peace was maintained though unconfirmed reports claimed at the weekend that Hon. Uzozie manoeuvred his way with 25 members to hold plenary while the female Speaker was inside her office within the State Assembly Complex!

While we advocate for an amicable solution to the disagreement, we will insist that the 35% Women representation in the next APC Government from 2019-2023, (which is less than FIVE per cent presently), MUST be fully actualized in the spirit and letter of the Beijing agreement! We also encourage the women and youths in general to participate with greater commitments in the coming elections to ensure that the looters of the consecutive governments of 1999-2015, were shamed out of the elections for the Nigerian Women dreams to materialize!

HAS UNLAWFUL IMPEACHMENTS BY LAWMAKERS BECOME THE NORM IN NIGERIA?
IMO STATE- Nineteen of twenty- seven lawmakers of the Imo State House of Assembly impeached Imo State Deputy Governor, Eze Madumere, over alleged misconduct and replaced him with the Head of Service, Callistus Ekenze, in the run towards the political primaries in defiance to a ruling by the State High Court which restrained them and the Chief Judge, from proceeding with the exercise!

BENUE - Eight members out of the 30 All Progressives Congress (APC), lawmakers who were on recess in July 2018, served impeachment notice on Benue Governor Samuel Ortom, because of an alleged misappropriation of N54 billion and also for defecting to the opposition Peoples Democratic Party (PDP), but he rejected it as an act of illegality, because it did not follow due process! The eight members, which did not form a quorum, also purportedly suspended the majority twenty-members!

KANO - In July 2018, the Kano State of Assembly, impeached its Speaker, Alhaji Abdulahi Ata along with two principal officers and re-elected the immediate past Speaker, Alhaji Kabiru Rurum, who was earlier impeached over allegations of corruption!

EKITI: There was also a move by Ekiti lawmakers to impeach Governor Ayodele Fayose in July 2018, but it did not pull through because the election which brought in a new governor, Kayode Fayemi, overtook the plan!
EDO and ONDO STATES were not left out of the impeachment saga between July and October 2018, as speakers and their deputies were kicked out at random!

IMPEACHMENT MOVES AGAINST SARAKI AND DOGARA!
Federal Legislators could not execute plans to impeach the two National Assembly (NASS) Principal Officers, 'Bukola Saraki and Yakubu Dogara, to avoid heating up the polity in view of the need for collective co-operation in the preparations by all arm of government for the approaching 2019 General Elections, but a cat and mouse game is playing out as the "majority" lawmakers are still looking for means to catch the duo unaware!

WHAT ARE THE CONSTITUTIONAL REQUIREMENTS FOR IMPEACHMENT OF A SITTING PRESIDENT?
The impeachment processes/procedures for removing a sitting President or his Vice, according to the Constitution of the Federal Republic of Nigeria, 1999, is tedious, intricate, cumbersome and almost impossible, that past efforts of the past in that direction ended in futility! For instance, about two attempts were made by legislators of the National Assembly (NASS), during his eight-year tenure to no avail! The 8th NASS also failed to embark on an impeachment move against President Muhammadu Buhari because he purchased some TUCANO Aircrafts "without legislative approval" in 2018!

To impeach a Nigerian President, several steps as enumerated in Section 143 (1) - (11) have to be taken, followed and religiously executed to conform with all the provisions that must ensure fundamental rights of the accused! In the following sequence, a notice of any allegation in WRITING and signed by not less than ONE THRID of the members of the NASS must be presented to Senate President but very explicit of the alleged wrong doings for the President to be SERVED within SEVEN days for comments and to all 469 members to be notified.
Within 14 days NASS should be able to determine whether the accusations should be investigated through the votes of not less than TWO THIRDS majority of each house and within SEVEN DAYS, the Chief Justice of Nigeria would be approached to constitute a PANEL OF SEVEN PROVEN CITIZENS who would invite the accused to DEFEND himself personally or through a lawyer if his own choice.
Within THREE MONTHS, the Panel must submit its report to each house of NASS either in favour or an indictment of the accused. If in favour, the matter dies a natural death and if proved, WITHIN 14 DAYS, NASS would consider it and if TWO THIRDS OF EACH HOUSE adopted, then, THE HOLDER OF THE OFFICE SHALL STAND REMOVED FROM OFFICE FROM THE DATE OF ADOPTION OF THE REPORT!
The end of all of the above according to the Constitution in Section143 (10), is that both decisions by the Panel and NASS or any matter relation thereto "shall be entertained or questioned in any court"! HE WHO COMES TO EQUITY MUST COME WITH CLEAN HANDS!

The same impeachment procedures also apply to Governors and their Deputies, but for Speakers and their Deputies, it is a different ball game. From all available reports, Speakers were often caught off-guard! Surreptitious signatures of their "assailants"' were clandestinely gathered without prior notices of complaints/accusations against their persons only for the coupists to spring surprises of immediate, ridiculous and unconstitutional impeachment at plenary without the due process of LAW!!

According to the flawed 1999 Constitution, both principal officers could be removed from office by a resolution of the House of Assembly by the votes of not less than TWO THIRDS majority of the members of the members of the House [ Section 92 - (2) (c) ], or by a SIMPLE MAJORITY [Section 98 (2) ]!

These gimmicks have always played out since 1999 to the "advantage" of unscrupulous political jobbers whose pastime lie in all manner of confusion and wranglings through which they could manipulate affected parties for pecuniary gains!

Gender inequality should be regarded as a national liability to Nigeria as a developing nation. It will amount to stark illiteracy and ignorance for any Nigerian male to relegate the position of women to the background when our Liberian West African neighbour could produce Mrs. Johnson Sirleaf, who ruled for 12 years as the first African woman to join the league of about 22 Women Presidents/ Head of Governments, across the globe between 2004-2016!
There are many brilliant, decent, well-educated, articulate, very honest, diligent and highly-conscientious Nigerian women who have held enviable positions in the public, private and global positions of authority who would match or even perform better than their male counterparts and who should be encouraged to come on board and prove their mettle! Women population which is believed to be over 98,326,118 or 49.4% should be an advantage in the 2019 General Elections!
‘’He that diligently seeketh good procureth favour: but he that seeketh mischief, it shall come unto him.’’ (Prove 11-27).


I am, yours sincerely, Dr. David B.A. Olufon. 08130669886, 08098194390. 08080243066. g-mail- dvdolufon@gmail.com.

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