Kogi Deputy Governor’s impeachment: Abaribe asks President Buhari to intervene, NBA says act illegal

 

BY OUR EDITOR

Minority leader of the Senate, Senator Enyinnaya Abaribe, has called on President Muhammadu Buhari to intervene in the impeachment of Kogi State Deputy Governor, Mr. Simon Achuba, by the House of Assembly.

Abaribe, in a statement on Monday in Abuja, urged Buhari to rise above party affiliations and intervene to ensure the country’s Constitution is protected if the authorities in Kogi State failed to do so.

This is just as the Nigerian Bar Association has rejected the impeachment of Achuba, by the state Assembly, describing it as illegal and unconstitutional because it was against the findings of the probe panel raised by the state Chief Judge which cleared Achuba of wrongdoings.

Abaribe advised judges in Kogi, particularly the Chief Justice, to borrow a leaf from the Imo State experience and shun any invitation to swear-in a new deputy governor in whatever guise.

However, Abaribe’s advise may either not have been heeded or came a little too late as a new deputy governor, Edward Onoja, who is also Governor Yahaya Bello’s running mate in the November 16 governorship election, had already been sworn in.

Abaribe declared as “reprehensible” the deliberate denigration of the country’s Constitution for the Kogi State Assembly to have gone ahead to impeach Achuba.

He added that this was even when a panel set up by the State Chief Judge to investigate him returned a “no-guilty” verdict.

“Section 188 of the 1999 Constitution as Amended is very emphatic in the circumstance that is to say that the State Assembly shall cease any further proceedings in the impeachment process.

“Specifically, Section 188(8) states that …Where the panel reports to the House of Assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter.

“So, where did the Kogi State Assembly members derive the power to move ahead with the process?

“Has Nigeria not been reduced to this rudderless state with this disdainful attitude to our laws and democratic ethos?’’ Abaribe queried.

The News Agency of Nigeria (NAN) reports that the minority leader warned that with the direct affront on the Constitution of the Federal Republic of Nigeria by the actions of the Kogi State Assembly, the very foundations of the country had been utterly shaken.

“The 1999 Constitution as amended is the ground norm of the country and the Kogi Assembly has committed a heinous breach of this sacred document.

“If their illegal action is sustained, then it strikes at the heart of democracy in Nigeria.

“We must do the right thing and Nigeria must not be seen as a lawless country.

“I call on institutions of democracy to urgently activate the right principles in the defence of our democracy.

“Kogi Assembly should look beyond now and stop this illegality”, he added.

Abaribe expressed concern on how the assembly acted swiftly and in the middle of the night to impeach Achuba less than 30 minutes on receiving the not-guilty report from the panel.

The NBA in a statement by its National Publicity Secretary, Kunle Edun, said it viewed the events with serious concerns and urged all parties to exercise great caution.

The statement reads, “Available information indicates that the Honourable Chief Judge of Kogi State in the exercise of his constitutional powers and pursuant to a Resolution of the Kogi State House of Assembly, constituted a 7-man panel, chaired by Mr. John Baiyeshea, SAN, to investigate the allegations of misconduct against the Deputy Governor of Kogi State.

“The said Investigation Panel has since submitted its report to the Kogi State House of Assembly, finding the Deputy Governor not guilty and cleared him of all the allegations made against him.

“The Nigerian Bar Association views these events with great concerns and urges all parties to exercise great caution.

“Any action to be taken by the interested parties should be guided by dictates of the Constitution of the Federal Republic of Nigeria and the need to adhere to the Rule of law. Parties concerned should also avoid any act that may pose a threat to the peace and security of Kogi State.”

The NBA said it was incumbent on all Nigerians, public officials and public institutions to ensure full compliance and adherence to the provisions of the Constitution of the Federal Republic of Nigeria.