Home OPINION INTERVIEW Politics Of Impeachment In Nigeria; Then And Now, By Bernard Balogun –

Politics Of Impeachment In Nigeria; Then And Now, By Bernard Balogun –

Bernard of Dr Adaba 1

The word “impeachment” was uncommon in the Nigerian political lexicon until 1981 when Alhaji Balarabe Musa, the first Executive Governor of Kaduna State was impeached. It was not because of any fraudulent practice or misapplication of funds but due largely to political differences between the Executive and the Legislature in the State at that time.

Alhaji Balarabe Musa was elected on the platform of Peoples Redemption Party (PRP) led by the late Mallam Aminu Kano, a grass-root politician based in Kano as its founder. However, the Kaduna State House of Assembly was populated by members of the National Party of Nigeria (NPN). So you have the Executive headed by a PRP faithful and the Legislature by NPN. Chief Adisa Meredith Akinloye, an Ibadan indigene and a lawyer by training, was the National Chairman of the Party (NPN). The party (NPN) controlled the centre with Alhaji Shehu Usman Shagari, from Shagari village in Sokoto State as the President and Commander-in-Chief.

Alhaji Mamman Dan Musa was the then speaker of Kaduna House of Assembly who never hide his disdained for the Governor, a PRP person. On one or two occasions, the Governor forwarded the list of his Commissioners for confirmation but “turned-down” by the State House of Assembly because the Governor, Alhaji Balarabe refused to nominate members of the National Party of Nigeria (NPN) as Commissioners. Of course, the Governor had a valid excuse, at least, to distinguished minds. If he appointed NPN members as Commissioners, the Governor argued, their loyalty will be to their Party, which was the NPN and not PRP which appointed them. In truth that made political sense. The Governor decided to work with Special Advisers instead of Commissioners. And that was the beginning of “Things Fall Apart” in the State, which subsequently led to his impeachment. Governor Balarabe Musa’s decision was supported by the Unity Party of Nigeria Governors, led by Chief Obafemi Awolowo, one of the first Nigerians to be elevated to the prestigious rank of Senior Advocate of Nigeria (SAN), and the two GNPP Governors.

At that time, there existed an active Progressives Alliance made up of the five UPN Governors (namely Lagos State with Alhaji Lateef Jakande; Ogun State with late Chief Olabisi Onabanjo; Old Oyo State with late Chief Bola Ige –popularly known as Cicero of Esa-Oke; Old Bendel State with late Professor Ambrose Alli and Old Ondo State with late Chief (Papa) Michael Ajasin); two Governors of the GNPP (Great Nigerian Peoples Party – founded by Alhaji Ibrahim Waziri, the apostle of Politics without Bitterness). The two GNPP Governors were Alhaji MohammeduGoni of old Borno State and Alhaji Abubakar Barde of blessed memory, old Gongola. The PRP Governors were late Alhaji Abubakar Rimi of Kano State and Alhaji Babarabe Musa of Kaduna State. Three NPP Governors, whose alliance did not last the duration of that dispensation were late Chief Solomon Lar of old Plateau State, (the present Nasarawa State was excised from Plateau State); late Chief Sam OnunakaMbakwe of old Imo and Chief Jim Ifeanyichukwu Nwobodo –the colourful Governor of old Anambra State).

It is important to explain why the NPP participation in the alliance did not last. Ab initio, the Nigerian Peoples’ Party (NPP) was founded by late Alhaji Ibrahim Waziri. Alhaji Ibrahim Waziri invited late DrNnamdiAzikwe and a popular Lagosian, late Chief AdeniranOgunsanya. However, along the line there were irreconcilable differences between the two elder statesmen (AlhajiWaziri&DrZik). Consequently, Alhaji Ibrahim Waziri had to break away to found the Great Nigerian Peoples’ Party (GNPP) and AlhajiWaziri became the Chairman cum Presidential candidate of the Party in 1979 and 1983 Presidential general elections respectively. On the other hand, Chief AdeniranOgunsanya became the National Chairman of NPP with Dr NmandiAzikiwe as its Presidential candidate. NPP went on, after the break from the Alliance, to romance with NPN, the ruling Party at the centre. With that NPP got two Ministerial slots at the Federal.

The UPN States, which the late Dr Tai Solari later named in his popular Monday column in the Nigerian Tribune, as LOOBO States, jointly owned Odua Group of Companies, the parent company of Daily Sketch group of newspapers. The Nigerian Tribune largely owned by Chief ObafemiAwolowo with Chief OluwoleAwolowo as Publisher (representing the interest of the Awolowo dynasty) and Felix Adenaike as Editor-in-Chief. These two Ibadan based vibrant newspapers gave maximum publicity to the activities of the Progressives Alliance and daily updated their readers of happenings on the floor of the Kaduna State House of Assembly regarding their unpopular decision to impeach the Governor at all cost.

Consequently in June 1981, AlhajiBalarabe Musa was impeached at the age of 45, thus becoming the first Executive Governor, in the history of Nigerian politics, to be so impeached. A fine gentleman, who was also a member of Peoples Redemption Party (PRP) and Deputy Governor to Alhaji Musa, Alhaji Abba Musa Rimi was subsequently sworn as Executive Governor. And he (meaning Alhaji Abba Musa Rimi) danced to the tune of the State House of Assembly.

That was the only impeachment that took place in the second republic. However, on the return to civilian rule in 1999, the political landscape witnessed about six impeachments of Governors and also Deputy Governors. The narrative here is primarily on Governors, not Deputy Governors. For that reason I shall not talk about the impeachment threat to the Obasanjo Presidency, which he experienced at the tail end of his first tenure.

Of all the impeachments, it was that of Governor Diepreye Solomon Alamieyeseigha that had the international dimension. He was found with huge sums of foreign currency in his possession at the Heathrow Airport in London, which runs counter to British laws.

“Governor Diepreye Solomon Peter Alamieyeseigha, a staunch member of the PDP (otherwise known as DSP and self-styled “Governor General”) was detained in London on charges of money laundering in September 2005. At the time of his arrest, Metropolitan police found about £1m in cash in his London home. Later they found a total of £1.8m ($3.2m) in cash and bank accounts. He was found to own four homes in London worth an alleged £10 million. His State’s monthly federal allocation for the last six years has been in the order of £32 million. He jumped bail in December 2005 from the United Kingdom by allegedly disguising himself as a woman, though Alamieyeseigha denied this claim. Alamieyeseigha was impeached on allegations of corruption on 9 December 2005” (courtesy Google).

Governor Alamieyeseigha’s Deputy Governor Goodluck Jonathan, also a PDP member, was sworn as the substantive Executive Governor of Bayelsa State.

“Governor Ayodele Peter Fayose, a radical member of the then ruling PDP, became the second Executive Governor of Ekiti on 29 May 2003 after defeating the then incumbent Governor Niyi Adebayo, the son of a retired Army General, humble personified and of humane character, in the Ekiti State governorship elections. However, Governor Fayose could not complete his first tenure as a result of his impeachment on 16 October 2006” (courtesy Google) for a number of reasons ranging from outright fraudulent and sharp financial practices, to controversial poultry project which claimed several billons without corresponding evidence. Immediately after his impeachment, President OlusegunObasanjo, who was the sitting President then, declared “State of Emergency in Ekiti State, consequently appointed Major-Gen Adetunji Olurin (Rtd), an indigene of Ilaro in Ogun State and one time Military Governor of old Oyo State as the Sole Administrator. Ordinarily, Fayose’sDeputy ought to have been sworn in but there were discordant tunes in the State House of Assembly and the Deputy could not be trusted enough. Again, this is important, before his own impeachment, Fayose had instigated the impeachment of his Deputy, a Surveyor by trade.

In the case of Chief Joshua Chibi Dariye, an unassuming member of the PDP and the Executive Governor of Plateau State between 1999 – 2003 and 2003 to May 2007 due to persistent communal clashes between Christians and Muslims in the State which claimed many lives and properties worth several millions destroyed. The government at the centre felt the Governor did not address the frequent clashes appropriately. So President Olusegun Obasanjo declared “State of Emergency on the Plateau” and went ahead to appoint a retired Major General Chris Alli, who once governed the State as Military Governor and later became Chief of Army Staff (COAS) between Nov 1993 to August 1994, from Kogi State as Sole Administrator between November 18, 2004 to November 18, 2006.

“Dariye was eventually impeached on November 13, 2006. His deputy, late Dr. Michael Botmang, became the new Governor. On March 10, 2007, after a Court of Appeal ordered Dariye reinstated as Governor, the Plateau State Government announced its intention to appeal to the Supreme Court. On 27 April 2007, the Supreme Court refused the appeal of the Plateau State Government and ordered the reinstatement of Dariye with immediate effect. Following his reinstatement, Dariye’s term of office as Governor of Plateau State concluded on 29 May 2007.” (Courtesy Google)

“Dr. Chris Nwabueze Ngige, a medical Doctor by training, who retired as Deputy Director from the Federal Ministry of Health, turned to politics, becoming a founding member of the Peoples’ Democratic Party (PDP). By 1999, he was Assistant National Secretary and Zonal Secretary of PDP in the South East region of the country”. (courtesygoogle).“In 2003, he was elected Governor of Anambra State in controversial circumstances. He quickly broke ranks with his political godfather, Chris Uba brother to Andy Uba, who was Special Adviser to President Obasanjo on Domestic Affairs (additional emphasis mine). There was an unsuccessful attempt on 10 July 2003 to have Dr. Chris Ngige removed from office, through a fabricated letter of resignation which the State Assembly accepted” (courtesy Google).

In fact, Dr Chris NwabuezeNgige became the first sitting Governor in Nigeria’s political history to be abducted from office, despite security operatives around him by characters described as “political thugs”

Chief Rasidi Adewole Ladoja, was a businessman before he became the Executive Governor of Oyo State on May 29, 2003 on the platform of the PDP.“Rashidi Ladoja was elected Governor of Oyo State in April 2003 and took office on 29 May 2003. He was supported by AlhajiLamidi Adedibu, an Ibadan-based PDP power broker. By August 2004, Ladoja and Adedibu were locked in a fierce struggle over allocation of government appointees. Ladoja was not supported by the party in this dispute. In an interview in late 2005, PDP National Chairman, DrAhmadu Ali, said that Ladoja should take instructions from Lamidi Adedibu.” (courtesy Google).

“On 12 January 2006, Ladoja was impeached by Oyo State legislators and forced out of office. The impeachment may have been due to the argument between Ladoja and Adedibu. His deputy, Christopher Adebayo Alao-Akala, was sworn in as the new Governor. On 1 November 2006, the Appeal Court in the State capital, Ibadan, declared the impeachment null and illegal, but advised parties to the dispute to wait for confirmation of this decision by the Supreme Court. The Supreme Court upheld the decision on November 11, 2009, and Ladajo officially resumed office on December 12, 2006. (courtesy Google).

Peter Obi stood in the Anambra State Governorship election as candidate for the All Progressives Grand Alliance (APGA) party in 2003, but his rival, Chris Ngige of the People’s Democratic Party, was declared winner by the Independent National Electoral Commission (INEC).

After nearly three years of litigation, Ngige’s victory was overturned by the Court of Appeal on March 15 2006. Obi took office for on March 17 2006. On November 2, 2006 he was impeached by the State House of Assembly after seven months in office and replaced the next day by Virginia Etiaba, his deputy, making her the first ever female Governor in Nigeria’s history. Obi successfully challenged his impeachment and was re-instated as the governor on February 9, 2007 by the Court of Appeal sitting in Enugu. Etiaba handed power back to him after the court ruling. He once again left office on May 29, 2007 following the general elections, which Andy Uba won. Obi returned to the courts once more, this time contending that the four-year tenure he had won in the 2003 elections only started to run when he took office in March 2006. On June 14 2007 the Supreme Court of Nigeria upheld Obi’s contention and returned Obi to office. This brought to an abrupt end the tenure of Obi’s successor, Andy Uba whose April 14, 2007 election the Supreme Court nullified on the grounds that Obi’s four-year tenure should have remained undisturbed until March 2010.

On February 7, 2010 the Independent National Electoral Commission (INEC) declared Peter Obi the winner of the February 6 2010 gubernatorial elections, where he defeated Professor Charles Soludo, former Governor of the Central Bank of Nigeria (CBN). This election victory gave Governor Obi an additional four years as the governor of Anambra State. On the 17th of March 2014 Peter Obi served out his second term and handed over the governorship to Willie Obiano. The new lexicon in the political airwave is called “Recall”” and is blowing from Kogi State.

Conclusion

This “recall” sage has taken too much of our attention, it has become diversionary and does not help us in anyway. Dino has, in all intents and purposes, progressed in error especially in his approach and he needs to be advised to “slow-down”. I concede to him, he has the interest of Kogi workers at heart regarding the issue of non-payment of workers salaries, though the State government has consistently maintained that its not owing workers as much as 15months’ salaries. It is therefore necessary for Dino to redefine his approach as this open hostility and confrontational instinct to the office of the Executive Governor, not necessarily to AlhajiYahayaAdoza Bello as a person, as many people have interpreted it to be, is certainly an institutional disrespect and nobody is happy about it.

However, it does not make sense for whatever reason to destroy the house you have participated to build. My passionate appeal to Dino, please take it easy. Let us not turn our State to “slaughter house.”

It is important I add this, impeachment processes or what is now popular in Kogi State “Recall”. A State becomes lull in government activities whenever impeachment process is brought to the front-burner, or if you like “Recall” over and above developmental programmes. So it is not a good thing to indulge in it. In fact, “impeachment” or “recall” should be sparingly applied except where it is absolutely necessary after an established cases of flouting the constitution. Not with feeble excuses as it happened in some of the States referred to in this narrative.

It saddens me to say this. And this is my opinion. The media, as gate-keeper of the nation’s conscience, has not been active in this direction in recent times. It is the media’s statutory responsibility to educate the populace on the essence of “recall”, the pros and cons. I have not seen any concerted effort in that direction. Similarly, someone who ought to know has being too partisan to genuinely appreciate the worth of his position in a matter as sensitive such as Recall.

Many years ago, I know sensitive issues such as these will naturally elicit feature articles from senior editors in the class of late Labanji Oyebanji and late Mr Peter Ajayi of old Daily Sketch, uncle Lade Bonuola of old Daily Times and later pioneering Associate Editor of the Guardian (the flagship newspapers); Felix Adenaike of Nigerian Tribune, the flamboyant late Dele Giwa of old Daily Times and later National Concord subsequently Editor-in-Chief of the NewsWatch Magazine, Dan Agbese, Yakubu Mohammed, both of NewsWatch Magazine at Oregun, Ikeja. Great editors of their times,who inspired young generation of journalists in the  direction of in-depthnews analysis and style of writing burning national issues.

Here is one of such examples of the Media been responsive to burning national issue at that time. Permit me to share this. In 1981 during the Shagari Presidency, the Cameroon gandarmes went to Bakassi, before it was ceded, and killed six Nigerian soldiers on PeaceKeeping Mission at the Peninsular. Former President Shagari said, he was going to Addis Ababa to present Nigeria’s displeasure at the behavior of the Cameroon gandarmes. Some days later the Management of BCOS, Ile-Akede, Ibadan, led by its General Manager, went to Ikenne to know from Chief ObafemiAwolowo, the Presidential candidate of the Unity Party of Nigeria (UPN), an opposition party, who lost to AlhajiShehuShagari in the general elections, if in his judgment the decision of the President was right.

Chief Awolowo did not think so. In his own opinion, he said, if he were the President, he would have ordered the Nigerian Military to go to Bakassi and kill equal numbers of the Cameroonian gandarmes, then go to Addis-Ababa to sort out “our differences”.

In the last 72-hours, the Nigerian media has been awash with the story of Diezani Alison Madueke, former Petroleum Minister in Goodluck Administration, buying a single property for $37.5M in Banana Island in Lagos. No newspaper had subjected this story to serious analysis by way of proper education. Translate $37.5M into Naira at CBN rate of N306, that comes to N11.4billion. I live in Kubwa district, so let us take Kubwa in Abuja as a case-study. Kubwa has a modest population of about 500,000 people. Therefore N11.4billion which Diezani cornered for herself and family of less than 20-persons, can adequately provide modern drainages, tar all road networks within Kubwa district, provide transformers, street lights, traffic lights, FCT Water Board will provide clean and portable drinking water and provide security vehicles for the Police, Civil Defence and FRSC for the Kubwa Command and sufficient money for the maintenance of these security vehicles for one year. And I can assure you, the entire Kubwa landscape will be magnificently transformed to a mega-city. That is the money one person has corruptly arrogated to herself.

This is indeed a wakeup call and should not be misconstrued as an affront or indictment on this noble profession of the pen, which I hold in high esteem.

Again, this is yet another example. Recently, the Deputy Senate President was unfair in his remarks on the floor of the Senate on a burning issue regarding Senator Dino Melaye’s Recall. For Senator Ike Ekweremadu’s information, Barrister Sani Muhammed, the current Attorney General of Kogi State has recently been elevated to the prestigious rank of a Senior Advocate of Nigeria. This means if Barrister Ike Ekweremadu and Barrister Sani Muhammed were to appear in Court today, Barrister SaniMuhammed as a learned silk, will take the front seat while Barrister Ike Ekeweremadu will take the back seat. Again, the Deputy Senate President got it wrong going by his definition as he expressed on the floor of the Senate, which elicited prompt response from our respected Dr Oby Ezekwesili on this matter of RECALL of Senator Dino Maleye. Her advise was apt and timely.

Please, let us rely on Joseph Daudu (SAN) exposition as our guide.

In a recent leadership publication, Joseph Daudu (SAN), a distinguished son of Ogoriland in Kogi State, one time National President of the Nigerian Bar Association argued and I quote him verbatim

“Section 68 (2) Ekeweremadu was referring to does not demand for any legislative action in the forms of Motion, Votes or Resolutions in any Recall Process”. 

The learned Silk said, “Section 68(2) simply asks Legislative leadership or Member of give effect to process undertaken and completed under Section 68(1). It never requires Legislative exercise whatsoever like Voting, Motion or Resolution after Certificate is issued and transmitted by the INEC Chairman confirming to Leadership of the Senate that a Member has been Recalled.”

“What other evidence are the Senators talking about other than the Certificate written by the INEC Chairman and delivered to Senate president in this instance, confirming that a Recall process is completed?” Daudu (SAN) queried.

Hear another senior member of the Bar, a learned silk, Chief Mike Ahamba (SAN) said,

“while the provisions of the Constitution as regards the Senate in the recall process is to MERELY (emphasis MINE) to ratify what the INEC has already done, the Upper Chamber must be very careful because it is under a test at the moment.”

Chief Mike Ahamba (SAN) informs further

“There must be a combined reading of Sections 68(1), 68(2) and 69. Section 69 gives Power to Recall, while Section 68 (2) get Senate involved. The purpose is to ratify what the INEC has done, to ensure that the Commission complied with the laid down rules. But Senate is under serious test now and must be careful not to be seen to be doing self-protectionism in order to discourage future Recall processes…”

Finally, the views of Professor Akinseye-George (SAN) concur with the two learned Silks. Please hear him.

“…the Senate has nothing to do with RECALL process of a legislator. Senate has no role to play. The decision of INEC is FINAL, except where a court of competent jurisdiction faults it.” Prof concludes.

Your Excellency, the Deputy Senate President sir, your conclusion that “it is dead on arrival” is absolutely inconsistent with the Constitution as humbly submitted by these legal minds. In my humble opinion, Ekweremadu should have been “blackout” by the media because he had, by his uninformed position which he canvassed on the floor of the Senate, helped to pollute the minds of discern members of the Nigerian public. And that is not what the media stand for.

Having said all that, it should not be misconstrue that I support the recall process of my Senator. He has being vibrant and initiated motions that have far reaching impact. He needs to collaborate with his State Governor. My position is to invite him and admonish him to stop being confrontational. He should recognize the Governor as his leader and the number one citizen of the State. So that when his own turn comes, he too shall be so recognized and honoured.

My personal pain stems from the fact that Kogi State has never had it so good, in terms of cordial relationship with the Federal might with the Governor having unhindered access to the President and Senator Dino Maleye very close to the Senate President. I honestly think these are rare opportunities which ought to have been converted to fantastic opportunities to grow and develop our Kogi State. That is the way to go gentlemen and let us bury this unnecessary confrontation, which will take us nowhere.

Finally, my passionate appeal really goes to His Excellency, Alhaji Yahaya Adoza Bello, to please try your level best to reduce “your adversary base”. As a leader, I know, you shall be regularly and frequently accused, accused wrongly. That is the price you have to pay as as a leader. It is your lot to constantly ignore such distractions. It is in view of this, I wish to respectfully appeal to you to rescind your decision premise regarding the proscription of ASUU, Kogi State University branch. In all disputes, dialogue should be considered as a viable alternative, not punitive measure which may go further to worsen the already bad situation. Never be tired to adopt this approach. You are doing well in other sectors of governance but you certainly a peaceful environment for transformation to take place.

Permit me to renew my appeal for our respectable royal fathers, the Ohionyi of Ebiraland and his counterpart, the Obaro of Kabba, to please step-up their reconciliation approach on this matter.  Kogi State can develop only in an atmosphere of peace and tranquility.

The land of Kogi State shall never be the theatre of war, by the special grace of God. Amen.

Bernard Balogun (BenPino) wrote from Wuse District, Abuja and can be reached on 08037879275, bernardbalogun1@yahoo.com. [myad]