IMPEACHMENT AND COST EFFECTS OF IMMUNITY CLAUSE A CASE STUDY OF HOUSE OF ASSEMBLY IN EKITI STATE
ABSTRACT
This
study aims at investigating the concept of impeachment in Nigeria’s, and cost effect of
immunity clause likewise the problems and the prospects would be well analyzed
in this project.
The
project is divided into four chapters with each logically presented and
revealing the desired result from the study.
In the first chapter, efforts would
be made to fashion out into details, the rationale behind researcher interest
to embark on the study.
These could be viewed under sub –
topic like, background of the study where the researcher will exploit her
background knowledge about impeachment and it’s historical background
conceptually. Also the researcher
hypothesis and objective of the study will be discussed.
However, chapter two is meant to give
insight into most relevant scholastic proposition that has been analyzed in
relation to the topic of the research work.
Hence, this chapter entails reviewing of existing literature on subject
matter. The research methodology which
contains the research design, population and sample chosen in the study are to
be discussed. It will also contain the
description of instrumentation and its validation via data analysis.
That is not all, chapter three will
be based on the information gathered on various governor impeach in Nigeria. The analysis of information gathered in
proceeding chapters will also be discussed.
Finally, chapter four carries the
criterion and the summary of findings conclusion based on the researchers
observation possible recommendation and probably, suggestions could be made for
further research.
Bibliography of the existing texts
coupled with appendix (if any) will be adequately supplied.
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TABLE OF CONTENTS
Title page
Certification
Dedication
Acknowledgement
Abstract
Table of content
CHAPTER ONE
Introduction
Statements of the Problem
Objectives of the study
Hypothesis
Theoretical Framework
Scope of the study
Methodology
Operationalization of Key Contents
Organization of the study
References
CHAPTER TWO
Literature review
Impeachment
The Concept of Democracy
References
CHAPTER THREE
Impeachment
Democracy
Democracy in 18th and 19th Century
Democracy in the 20th Century
Types of Democracy
Democracy in Nigeria
References
CHAPTER FOUR
Immunity Clause and It’s Cost Effects
Cost Effect of Immunity Clause
Impeachment and the Executive
The Downfall of Ayo Fayose in Ekiti State
The Sack of Peter Obi in Anambra State
The Removal of Rasheed Ladoja in Oyo State
References
CHAPTER FIVE
Summary
Conclusion
References
Questionnaire 74-76
CHAPTER ONE
Impeachment and Nigeria’s
Democracy in the Fourth
Republic (1999 – 2007)
Nigeria March to constitutional
democracy has so far been tortuous characterized as if whereby anti – colonial
struggles, crisis, coups and counter-coups as well as thirty – month civil wall
between 1967 and 1970. After the civil war – several policy measures were
devised to facilitate the process of national reconciliation, integration and
development. All these measures failed
due to some forces, such as the nature of the society, the characters of the
state, as well as the manner of contestation for power, which is largely determined
by the character of the elites.
With the Nigeria’s tortuous democratic
transition to the fourth republic on May 29, 1999, hopes were high about the possibility of the
sustenance of democratic values in the country from all indications, the
Nigerian political landscape has been characterized by many crises. For example, corruption has become a
cankerworm that has eaten deep into the fabric of the society and it has become
so deep seated in the country that it had stunted in all sector and has been
the primary reason behind the difficulties in developing fast. One thorny area that needed immediate
attention was the long – standing problem of financial crimes especially the
Advance fee fraud known generally as 419 some human right activists, eminent
politicians, stakeholder have advocated for quick action on the matter in order
to put and end to it.
During Obasanjo regime (1999-2007) he
established many anti – graft agencies to curb corruption. These agencies include independent corrupt
practice and other related effences commission (ICPC) led by justice Mustafa
Akanbi later Emmanuel Ayoola and the Economic and Financial Crimes Commission
(EFCC) led by Mallam Nuru - Ribadu.
These agencies have been trying to bring society often plagued by
corruption mal – administration and mismanagement of public resources.
Some public office holders like
Governors, deputy Governors, President and vice President are covered by
section 308 of the 1999 constitution from being prosecuted while in office for
mismanagement, abuse of office, breaking of oath and violation of the
constitution.
The
anti-corruption crusade of Obasanjo could not be extended to these people
because of constitutional constrains.
The immunity that protest some public office holders can only be removed
through impeachment to allow them to be tried in court of law for abuse of
office. A weapon ‘code – name’
impeachment can only be used by the house of Assembly and National Assembly in
the state and at the Federal level respectively. This means that impeachment is a powerful
instrument or tool of the legislature to checkmate the excesses or activities
of the executive arm of government. The
1999 Nigerian constitution is clear on how a Governor or the deputy of a state
may be removed from office if found “guilty of gross misconduct in the
performance of the function of his office section 188 sub section (1) of 1999
constitution provides procedures for the impeachment process.
These procedure, seem not to have
been strictly adhered to by the legislators.
In cases where these appeared to be some semblance of compliance, the
procedure and processes were feeble and shrouded in controversy. There was no doubt that the actions of the
legislators have being emboldened by sundry Economic and Financial Crime
Commission (EFCC) investigators and reports which indicated the public office
holders. Five impeachment most of which
were carried out in bizarre and undemocratic circumstances within a state of
one year can a lot into question. This
is a rape on democracy and something must be done to save this teetering
democracy.
The fourth republic was faced with
various impeachment processes which have curiously and arguably become the most
popular political and constitutional law concept in Nigeria Fourth republic
since the impeachment of Musa Balarabe in the second republic impeachment
process has become a topical issue in Nigeria’s constitution development.
Also what has become apparent is the
fact that that the legislators enjoy the support of some members of the
judiciary particularly the judges. This is done in their haste to assert their
independent and new found authority under a democratic dispensation they have
therefore abandoned their enviable roles as custodian of the people conscience
defenders of the constitution. Their roles as custodian since this debacle
started has culminated into the declaration of state of emergency in Ekiti
state due to the unconstitutional and illegal role played by the state chief
judge. Justice Kayode Bamisile for constituting a panel with members of
questionable character. This made the erring legislators suspend him and
appoint another acting chief judge, justice Jide Aladejana to constitute
another panel to investigate the allegations leveled against the Governor Mr.
Ayo Fayose and his deputy, Mrs. Abiodun Olujimi. All these created unnecessary bottleneck and
ignited political and constitutional crisis in the state. Despite the court order in Oyo State, that
the state Chief Judge, justice Afolabi Adeniran from setting up panel to
investigate the charges instituted against the Governor pending the
determination of the suit in the court filled by pro – Ladoja legislators he
defied court order and constituted panel to investigate the Governor over money
laundering. The supreme court later nullified
his impeachment because the two third majority (2/3) required by the
constitution was not met some of these judges were suspended by the National
Judicial (NJC) impea is a constitutional power of the legislature to checkmate
the excesses of the executive arm of government but the procedures have not
strictly been gathered to. This call for
serious concern to all and sundry to save the nascent democracy from being
truncated or derailed our democracy should not be left in the hands of
charlatans and Lilliputians.
Statement of the Problem
This study will look into the
problems and predicament encountered in the impeachment processes during the
fourth republic. The provision of
immunity clause in the constitution is the beginning of corruption and lawlessness. The immunity clause has made the process of
impeachment cumbersome.
Also the purported godfathers have
influenced the legislators to facilitate the impeachment of their godsons over
state allocation or tussle in the allocation of positions. This has generated or engendered political
crisis in many states like Oyo, Anambra and Kwara State. At the level of the National Assembly, many
allegations were raised against Obasanjo but did not succeed in removing him.
Impeachment as a weapon against political
opposition is a great threat to this nascent democracy why is it that some
notable politicians who have allegedly looted the state treasury have not been
brought to book? For example the chieftain of Peoples Democratic Party (PDP)
Chief Olabode George who was alleged to have misappropriated N84 billion when he was the Acting
Chairman of Nigeria Port Authority (NPA) is roaming freely, the former adviser
to the former president Olusegun Obasanjo Andy uba was indicted by
international community of $170,000 for the purchase of farm machineries to
Obasanjo’s farm at Ota and has not been prosecuted? Have factors such as party
rivalry, ideological differences responsible for the Gestapo style of
impeachment in the fourth republic? How the lawmakers and interpreters have
become lawbreakers is also interesting case of study.
Objectives of the study
The research objectives are to:
i.
Show
the importance of impeachment in the fourth republic.
ii.
Examine
the role of the judiciary legislature and the executive in the impeachment
process between 1999 – 2007.
iii.
Determine
the extent to which constitutionalism has hindered the impeachment process.
iv.
Analyze
impeachment as a political weapon against opposition and:
v.
Proffer
suggestion on how to curb political crisis and constitutional berrations in Nigeria.
Hypothesis
The
hypothesis are as follow:
i.
There
is a relationship between impeachment and due process.
ii.
Impeachment
facilitates transparency and accountability in democratic system.
iii.
Incessant
illegal impeachment is a threat to sustainable democracy.
Theoretical Frame Work
The study would employ general system
approach or model in this analysis. It
provides an understanding on how decisions are made. Decisions could be negative or positive. This could be attributed to input model where
we have demands and supports. System
theory is used to analyze interactions within the political actors. Impeachment depends on democracy and also
serves as a guide to the conduct of political office holders. It could also be used in comparative analysis
of modernized and developing politics.
It analyze the link among the component units and that is why in a
democratic system, like Nigeria, laws regulations and provision are made to
determine the way political system works.
The immunity in section 308 of the Nigeria
1999 constitution presents the Governors and deputies, presidents and vice
president from prosecution. This means
the immunity must first be removed through impeachment, resignation, death,
permanent incapacity before they can be dealt with if they violate the
constitution, immunity does not permit or allows the public office holders to
violate the ethnical and moral standard.
Impeachment is a constitution
responsibility of the legislature in the political system.
Scope of the study
The unit of analysis centered on
impeachment process and Nigeria’s democracy, covering the period of the
administration of former president Olusegun Obasanjo (1999 – 2007) it will
further capture the importance of impeachment in the democractic realm of Nigerian
politics.
The process of checks and balance
among the three arm of government in the impeachment process from 1999 – 2007
will also be examined. Predicaments behind the impeachment proceedings against
any political offices holder for abuse of power, money laundering, gross
misconduct will be analyzed.
Methodology
Since the nature of this research work
involve an attempt in looking at the particular event in a political regime,
this study will rely mainly on secondary data in gathering information such as
magazines, newspapers, official documents, write-ups etc as well as library
facilities.
Operationalization of Key Concepts
Important terms which will later be
used in analyzing the topic should be operatonalise to avoid ambiguity.
Impeachment the concept of
impeachment means the process by which a legislative body can removed public
officials from office. It comprises both
the act of formulating an accusation or indictment against an official and the
subsequent trial.
Democracy, according to Osaghae,
there is a consensus opinion among scholars of the concept of democracy which
is how to govern the society in such as way that power actually belongs to all
the people. Democracy is the government
ruled by majority, minority has a say, but the majority have their way.
Corruption as used in this context
means dishonest and illegal behaviour especially of people in authority. The top government functionaries are the
perpetrators of this atrocity who involved in illegal diversion of public fund
at the detriment of the people. Other
atrocities which may be associated with corruption are abuse of power money
laundering etc.
Immunity: this refers to the
protection of the top government political functionaries from being prosecuted
by any anti –graft agency or tried in a law court for abuse of office or gross
misconduct.
Governors, deputy Governors,
President and vice President are granted immunity from prosecution.
This is contained in the section 308
of the 1999 constitution. The purpose
may be prevent them from being distracted by political opponents while in
office.
Organization of the study
This study will be divided into five
chapters.
a)
Chapter
one comprises introduction, statement of problem, objectives of the study,
hypothesis, theoretical framework, scope of the study, methodology,
operationalization of the key concepts and organization of the study.
b)
Chapter
two reviews the literature on impeachment and democracy.
c)
Chapter
three focuses on origin and history of impeachment and democracy.
d)
Chapter
four contains analysis of impeachment in the fourth republic.
e)
Chapter
five comprises the summary and conclusion.
REFERENCES
Ajayi, P.O and Aladegbola A (2006): Constitutional Problems in Nigeria.
Ayo Bamidele (1998) “A derive to the performance
of Nigeria public
Bureaucracy” in Kolawole Dipe issue in Nigeria
current and politics Ibadan,
Dekad publish.
Tell Magazine (2000): August 14th.
