The fence-scaling, (dish)honourable members of the House Reps and some Senators have levelled 14 allegations, which in their thinking are impeachable offences against President Goodluck Jonathan. These discontented members of both Houses are simply aiming to heat up the polity in the spirit of Janjaweed philosophy of opposition politics in Nigeria. Recently, APC Chairman, John Odigie-Oyegun and Governor Chibuike Amaechi made it clear that APC will truncate this democracy if the Party does not win the 2015 Presidential Poll. Oyegun talked about a series of actions the APC has lined up to ensure this, and this orchestrated impeachment brouhaha is without a doubt one of them. Nigerians need to know that, going by certain online news publications, the aim of the APC is to ultimately inspire a military coup.
Yes Section 143 (1) and (2) of the 1999 Constitution empowers the National Assembly to commence impeachment proceedings against the President or his Vice. But impeachment of a sitting President is no ordinary task. So much comes to play, including regional, religious and Party interests, which cannot be swayed no matter the allegations leveled against the incumbent. During the times of Obasanjo who may have committed more offences than is ascribed to Jonathan, the futility of such exercise made him (Obasanjo) to reassure Nigerians through the media “I dey kampe”.
At least half a dozen impeachment moves were made against Obasanjo and none ever got to be tabled. It was used by members of National Assembly in those days to extort money from the executive arm. Now, the aim is different; it aims to truncate democracy in Nigeria. What is more, the grounds for the removal of the President are clear and most of the grounds listed by these National Assembly members against President Jonathan are not only frivolous but also fall outside the contemplation of the 1999 Constitution (as amended) on removal of the President.
Let us examine the claims of these opposition members of the National Assembly before visiting the actual motive why they are doing this. Top on the list of the allegations is the claim the President has consistently and consciously failed to sign bills and motions passed on to him by the parliament, as stipulated in Section 58 (1) (4) of the 1999 Constitution.
This is frivolous because the Constitution is clear on what the National Assembly should do when the President withholds assent to any Bill the legislature considers so important. All they need do is passing such Bill(s) again and it/they become laws automatically. The FERMA Act was passed twice under President Obasanjo and thus became law, when the then President withheld his assent.
Their allegations also posit that the President as the Head of government has worked to undermine the effective performance of other arms of government, especially the legislature, by constantly frustrating peaceful and harmonious co-existence among other arms of government. In performing their constitutional responsibility of lawmaking, the legislature passes bills to be assented to by the President before they become laws of the federation. This is yet another false claim of a confused opposition. Compared to the Obasanjo era, Yar’Adua and Jonathan have never interfered in the works of the National Assembly.
These opposition lawmakers also expect President Jonathan to explain why he could not curtail the Boko Haram insurgency; and effect the release of the abducted 219 Chibok girls. It is expected that such lawmakers ought to know better and should specify the actions the President ought to have taken that he has not taken. The President has gone to the extent of purchasing arms from the black-market just to ensure the insurgency is finished off. If these men and women are not privy to the insurgency and staging it for political gains and to make good their promise to make Nigerian ungovernable, just to force President Jonathan from power, they ought to be commending the President for all his efforts. In any case, it is a well-known fact that many of these proponents of impeachment are sponsoring Boko Haram, directly and indirectly. They are known to pay the sect huge sums of money for protection and as Sallah gifts and turn round to wonder how they buy their arms. As for Chibok girls’ release, the Australia negotiator, Steven Davis, made it clear that it is the opposition politicians that are frustrating the release of the Chibok Girls for political reasons. Most of these impeachment proponents ought to be facing treason charges, not just Senator Ali Ndume alone.
Yet, they claim the President, as Commander-In-Chief of the Armed Forces and Chief Security Officer of the nation, has failed to ensure the protection of lives and properties and that the mindless carnage by the Boko Haram insurgents, especially in the Northeast, recurrent violence in some states are manifest examples of how the President has failed to exert the enormous powers inherent in his office. If these lawmakers understand the true meaning of insurgency, they would do more to strengthen the hand of Mr. President.
Nigerians need to know that ISIS has taken swats of Iraq and Iran and Al Qaeda is holding more swats of Afghanistan and holding sway in the Sahel and the Maghreb. Boko Haram has the same capabilities of Al Qaeda, Al Shabaab and ISIS, and has been able to dig into the north east, not because Jonathan’s inaction but because such opposition politicians give them the leeway and political protection.
The Nigerian military are under a strict order to crush Boko Haram insurgency and the order came from the same President Jonathan standing accused of inaction. What is missing is the total support and cooperation of such politicians who are arming the Boko Haram and demoralizing the military through their utterances and sabotaging actions.
Other issues they are raising are the President unduly politicizing the security situation and failure to act as de facto President, whatever these mean. The members of National Assembly are permitted to hire Legislative Aides, many of who are lawyers. But it is doubtful that they really seek counsel from such experts. Impeachment notice must be based on specifics, not on generalized commentaries and that is why it is accusatory in nature. Couching their accusations in such vague and sloppy innuendoes, shows these Legislators are simply trivializing a major national issue and therefore only aiming to heat up the polity and render the nation more ungovernable.
Some of the allegations also include alleged violation of the constitution/ Oath of Office; failure to implement recommendations of panels/ committees; setting up of ill-conceived, “nebulous” groups like TAN for re-election campaign outside the Electoral Act; failure to establish and inaugurate the Nigeria Police Council; illegal deployment of Armed Forces and sowing seed of hatred and turning one part of the country against the other. The decision to implement Panel reports and when to do so is purely administrative and falls within the ambience of the executive functions. Yet, it is the duty of the National Assembly to pass the law compelling the President to act without discretion on such matters and this has not happened. So, such members are actually shirting their responsibility.
Furthermore, when exactly did President Jonathan set up TAN? Why can’t the National Assembly call a public hearing on the formation and funding of TAN rather than ridiculing themselves and desecrating the august body? So Mr. President has also been deploying the armed forces illegally? Have these men actually spent time to read the Armed Forces Act? If they have, this allegation wouldn’t have found its way into their frivolous list. Remember, one of the reasons the same crop of lawmakers gave to deny the same President extension of State of Emergency is that they themselves said the President is empowered by the Armed Forces Act to deploy troops without a state of emergency being in place.
The Legislators also alleged that the President had failed to address corruption. Their words: “The President as the Head of State is under obligation to abolish all corrupt practices and abuse of power as envisaged by Section 15 (5) of the 1999 Constitution (as amended). Since his assumption of office, corruption in Nigeria has assumed frightening proportion. For the first time in our history, corruption is almost elevated to a state craft where known corrupt Nigerians are either friends or employees of the government headed by the President”.
Yet fact is: the Legislators are largely responsible for corruption in Nigeria. A Nigerian Senator earns more than the President of the United States. Each is said to receive N56 million every quarter, aside their salaries and other largesse. Apart from this, they built in what they call Constituency Projects running into billions in every year’s budget. Whereas these projects are hardly executed, the funds are still taken away by the lawmakers, and where they are done at all, it is the private companies of the legislators that execute them. The same legislators during Oversight works, directly extort money from the MDAs – Ministries, Departments and Agencies – of the Federal Government. Most major government contracts are also executed by the same National Assembly members through their private companies. So, as Obasanjo rightly observed recently, the cesspool and nexus of corruption in Nigeria is the National
Assembly.
More importantly, what is upsetting the fight against corruption in Nigeria is ineffective or complete absence of appropriate legislation. The Procedural Act, for example, which permits corrupt persons to seek all manner of injunctions on preliminary matters has kept corruption matters going on for years. This is what has allowed some ex governors, many now senators, to sit in the House without facing trial. This is yet another failing of the National Assembly members who have refused to amend the Procedural Act to protect their wanted members.
Many of the recommendations by the National Assembly are direct encroachments on executive functions. National Assembly cannot be a judge in its own case and this has led to the quashing of most of its reports by the law courts. It does not show most of these legislators understand the nitty-gritty of legislative functions. Majority of them have no business in the National Assembly.
So, this present impeachment threats by these impeachable characters is without a shred of doubt one of the political upheavals planned by the opposition for the simple reason that they know they stand no chance in this 2015 Presidential Poll. So for them, it is all about “if we no fit win, make we scatter am”. Nigerians shine your eyes and save your country.
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- Shuaibu Amos, development specialist and political analyst, wrote in from Abuja.
