Mr. Adesina Ogunlana , the immediate past Chairman of the Ikeja Branch
of the Nigerian Bar Association , Convener of Citizens' Rally against
Oppression and presidential aspirant
in the forthcoming 2020 national elections
of the Nigerian Bar Association has condemned
in strong terms the descent to
judicial impunity in Kogi State. It would be recalled that the Deputy Governor
of Kogi State, Simon Achuba was unconstitutionally removed by the Kogi State
House of Assembly as the Report of the Panel of Inquiry could not find the
Deputy Governor of Kogi State guilty of impeachable offences but still
went ahead to suspend the Deputy Governor.
Mr. Ogunlana expressed shock and dismay with the unwarranted situation where the Honourable Chief Judge of Kogi State, who reportedly had been standing firm on the side of rule of law , surprisingly went ahead today the 21st day of October, 2019 to swear in Mr . Onoja , the new Deputy Governor of Kogi State , nominated by the incumbent Governor of Kogi State.
This was made known in a press statement issued by Ayo Ademiluyi, the Secretary of Citizens' Rally against Oppression and Director of Media, Strategy, Publicity and Communications of #ProgressiveBar.
Mr. Ogunlana is of the view that the the swearing in of Mr. Onoja constitutes unconstitutional authorisation of the legislative rascality of the Kogi State House of Assembly and the Executive recklessness of the Governor of Kogi State, Yahaya Bello.
Mr. Ogunlana stated that the futile impeachment proceedings initiated against Mr Simon Achuba by the Kogi State House of Assembly ended by operation of law (automatically) the moment the House received the Report of the seven-man investigation panel dated October 18, 2019 which completely exonerated Mr Achuba of (all) the five allegations of gross misconduct brought against him by the House.
Impeachment is not, and can never be deployed as a malignant weapon for insatiable political vendetta. It was not the intention of the framers of the 1999 Constitution to give a House of Assembly omnipotent powers in the process of removing elected governors and deputy governors. This is apparent from the role ascribed to the Chief Judge of a state and the institutional independence given to the seven-man panel under Section 188 of the Constitution.
There are only two definitive conclusions that the panel is mandated to reach under the Constitution, and they have variant implications. The panel must arrive at one of the two conclusions without ambiguity.
First, the panel can report to the House that the allegations of gross misconduct against a governor or deputy governor as the case may be, have been proved. In that case, the House “within fourteen days of the receipt of the report, shall consider the report, and if by a resolution of the House of Assembly supported by not less than two-thirds majority of all its members, the report of the panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.”. See Section 188 (9) of the Constitution.
Second, “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.” See Section 188 (8) of the Constitution.
Mr. Ogunlana expressed shock and dismay with the unwarranted situation where the Honourable Chief Judge of Kogi State, who reportedly had been standing firm on the side of rule of law , surprisingly went ahead today the 21st day of October, 2019 to swear in Mr . Onoja , the new Deputy Governor of Kogi State , nominated by the incumbent Governor of Kogi State.
This was made known in a press statement issued by Ayo Ademiluyi, the Secretary of Citizens' Rally against Oppression and Director of Media, Strategy, Publicity and Communications of #ProgressiveBar.
Mr. Ogunlana is of the view that the the swearing in of Mr. Onoja constitutes unconstitutional authorisation of the legislative rascality of the Kogi State House of Assembly and the Executive recklessness of the Governor of Kogi State, Yahaya Bello.
Mr. Ogunlana stated that the futile impeachment proceedings initiated against Mr Simon Achuba by the Kogi State House of Assembly ended by operation of law (automatically) the moment the House received the Report of the seven-man investigation panel dated October 18, 2019 which completely exonerated Mr Achuba of (all) the five allegations of gross misconduct brought against him by the House.
Impeachment is not, and can never be deployed as a malignant weapon for insatiable political vendetta. It was not the intention of the framers of the 1999 Constitution to give a House of Assembly omnipotent powers in the process of removing elected governors and deputy governors. This is apparent from the role ascribed to the Chief Judge of a state and the institutional independence given to the seven-man panel under Section 188 of the Constitution.
There are only two definitive conclusions that the panel is mandated to reach under the Constitution, and they have variant implications. The panel must arrive at one of the two conclusions without ambiguity.
First, the panel can report to the House that the allegations of gross misconduct against a governor or deputy governor as the case may be, have been proved. In that case, the House “within fourteen days of the receipt of the report, shall consider the report, and if by a resolution of the House of Assembly supported by not less than two-thirds majority of all its members, the report of the panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.”. See Section 188 (9) of the Constitution.
Second, “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.” See Section 188 (8) of the Constitution.
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