Travesty in Kogi

Editorial

What should Nigerians make of the constitutional travesty in Kogi State, considering that the ruling party at the centre, the All Progressives Congress (APC), had vowed to do things differently from their predecessor in power, the Peoples Democratic Party (PDP)? No doubt, history would record the indifference of the Federal Government in the Kogi State’s constitutional debacle, as a moral albatross, on the neck of the ruling party.

Just like the PDP under President Olusegun Obasanjo, which rode roughshod on the constitution, to induce impeachments in Oyo, Plateau, Anambra, and a host of other states, the APC has joined the hall of shame, in Kogi. The APC whose greatest credential is its moral rectitude, appears to have fallen to the sin of unconstitutional impeachment, and that is unfortunate.

The President of the Federal Republic that swore to uphold the constitution owes it a duty to ensure that no person uses the country’s security agencies to perpetrate illegality. If he had directed the Inspector-General of Police to be properly guided only by the Attorney-General of the Federation, on the provision of the constitution with respect to impeachment procedure, the embattled former deputy governor of Kogi State, Simon Achuba, would not have been hounded out of office, by agents of the state governor.

Of course, the  governor, Yahaya Bello, has lived in the sewage of impunity since he assumed the position in controversial circumstances, about four years ago. So, his latest gambit against his former deputy is therefore not strange to his character. Interestingly, Bello has lived and portrayed himself as a political son of President Muhammadu Buhari, and this appears to be paying off, in many respects.

Regardless of the explanations by the Federal Government, the opposition party sees the timing of the release of N10 billion to the state as a ploy to financially empower the governor to fight the upcoming election in the state. Now, in complete disregard to the provisions of the constitution, the governor, with the support of the state house of assembly, has without due regard to due process purportedly impeached the deputy governor. The due process of how a deputy governor may be removed from office is spelt out in section 188 of the 1999 constitution (as amended).

In the Kogi case, it is in the public domain that the chief judge appointed a panel of seven persons in accordance with section 188(5) of the constitution to investigate the allegations made against the deputy governor. Also, that the panel has reportedly returned a verdict that the alleged misconduct against the deputy governor has not been proved. Clearly, section 188(8) provides 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.”

To us, and we believe many Nigerians, this provision is unambiguous, and should be obeyed by all constitutional authorities. So, if the panel set up by the chief judge in Kogi State returned a verdict that the allegations have not been proved, what allegation did the House of Assembly rely on to purportedly meet to impeach the deputy governor? Again, if the House of Assembly decided to ride roughshod over the express provision of the constitution, why did the chief judge capitulate to swear in the new deputy governor, or was it more convenient to feign ignorance of the report, and save his own skin?

It is unbelievable that despite the unambiguous provision of the 1999 constitution on the due process for the removal of governors and deputy governors, our relevant public office holders prefer to abuse the provisions of the law. We condemn such travesty, and urge for obedience to law and order. Part of the reason for the death of constitutional democracy in the previous republics was the flagrant abuse of the constitution, to achieve parochial interests; forgetting that what goes around comes around. When President Obasanjo indulged in the first abuse, nobody knew how far it would go.

Now, the first stone has been cast under President Buhari, and who knows on whose head the next stone will fall? Perhaps the National Assembly should consider criminalising such flagrant abuse of the constitution, instead of leaving it as a political issue, with no serious consequences after leaving power. If those who perpetrated the abuse while President Obasanjo was in control are presently facing the consequences of their violation of the constitution, after leaving power, the temptation to abuse power in Kogi State or elsewhere would be minimal.