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Opinion: Okorocha, Madumere and the Unfolding Drama in Imo House of Assembly

Published

6 years ago

July 23, 2018

Eric

By Nkannebe Raymond

Governor Rochas Anayo Okorocha, the Supreme Leader of Imo State, is once again at his infamous best. In his sworn ambition to install his son in-law as his successor, he has found in the rubber stamp House of Assembly of the state, a veritable instrument to carry out his latest ignoble act of democratic rascality.

Ever since the embattled deputy governor of the state, Prince Eze Madumere, indicated his intention to run for the seat of the executive governor of the state in the forthcoming general election, in a bid to benefit from the zoning principle which favours his Owerri zone, the relationship that subsisted between him and his boss, Okorocha who at some point described the man as a “son in whom I am well pleased”, has hit the rocks.

Okorocha, it was reported, had tried to talk Madumere into shelving his gubernatorial ambition as he had reserved that position for his son in-law, and current Chief of Staff, Chief Uche Nwosu whom he described as the only person with the capacity to carry on with his policies for the state. As a way of pacifying Madumere, he had advised the latter to vie for the senatorial seat of his Owerri East senatorial district. An offer which as it turned out, did not sit well with his deputy. And thus in order to punish him for his obduracy, Governor Rochas Okorocha, has since written a script which is currently been dramatized by the majority members of the House of Assembly. A House, described by many followers of events in the state, as the worst the state has witnessed in a long time.

The problem however, is not the decision of the House of Assembly to impeach or rather remove the deputy governor of the state. Those powers are well invested in them going by the unmistakable provisions of the 1999 Constitution as amended. But these powers as has been refrained by the Supreme Court of Nigeria in quite a number of landmark decisions, are to be invoked with circumspection, so they do not become a weapon in the hands of an unscrupulous parliament to change the face of government in their respective states, or at the federal level, at their whims and caprices.

In the popular case of Inakoju v Adeleke (2007) 4 NWLR (pt. 1025) P. 423, a full panel of the Supreme Court in a leading Judgment delivered by the late Hon. Justice Niki Tobi (May God bless him), left no one in any doubt as to how a House of Assembly of a state should exercise its power of removal of a governor. Subsequently in the case of Dapialong & Ors v Dariye & Anor (2007) 8 NWLR (Pt. 1026) 332 the same Court, relying in its previous decision in Inakoju v Adeleke reiterated its position on the manner and mannerisms of impeachment/removal of the executive governor of a state. In the two landmark decisions, the governors of Oyo and Plateau states respectively were returned and their purported impeachments by the respective Houses of Assembly were declared as null and void. These judgments on the strength of the near novelty of what they decided, and the erudition that was brought to bear by the apex Court in deciding same, have since become what lawyers refer to as locus classicus in that area of our adjectival jurisprudence.

Whereas the practice in the past until the decisions in Inakoju and Adeleke(supra) was for the Courts not to meddle in the procedure or outcome of the exercise of the State House of Assembly of the powers invested in it under section 188 of the Constitution. The powers of the court was said to be ousted by the provisions of section 188(10) of the Constitution which provides as follows: No proceedings or determination of the panel or of the House of Assembly or any matter relating to such proceedings or determination shall be entertained or questioned in ANY court (Emphasis supplied). This provision which appeared to be at large in the earlier controversial case of Chief Enyi Abaribe v Abia State House of Assembly & Ors (2002) 14 NWLR (pt. 738) p.466, and thus leading to the impeachment of the then deputy governor, was however cut to size in the subsequent case of Inakoju v Adeleke (supra), where the apex Court in one fantastic burst of judicial activism set the limits of the ousting of the powers of the court vis-à-vis section 188 of the 1999 Constitution.

The foregoing background is instructive for two reasons namely: to allow the reader an entry into the attitude of Nigerian Courts to the exercise of the power of impeachment by both state and federal legislature, and also to gauge the constitutionality or otherwise of the actions of the Acho Ihim led Imo House of Assembly vis-à-vis the hastily procured petition served on the deputy governor the other day, when construed against the provisions of the 1999 constitution.

And so what are the proximate facts giving rise to the needless controversy? On Tuesday, 10^th of July, 2018, 13 members of the House, led by the Deputy Speaker, Ugonna Ozuruigbo of Nwangele constituency, submitted a petition with six charges accusing Madumere of gross misconduct in office which misconducts were given out as follows: “Failure to perform any of the constitutional functions of his office; being absent from his office for three months without official reason or permission; failure to attend constitutionally mandated proceedings of the State Executive Council and proceedings of the State Security Council; refusal to attend and meet with the State Governor and Commissioners of the state made compulsory by section 193(2) of the 1999 Constitution of the Federal Republic of Nigeria, as amended”. There was also the allegation of what was described as “concealment of felonious conduct affecting the presentation of self as an eligible candidate of office of deputy governor, Imo State having been convicted and imprisoned for theft in the United States of America”. While the question whether these alleged conducts constitute “gross misconduct” in the peculiar context of section 188(11) of the 1999 Constitution remains arguable, as was given vent in the case of Inakoju v Adeleke, the subterranean acts that followed the submission of the Notice of Allegation to the Speaker of the House however, has raised more suspicions, thus confirming the fears of critics that the whole procedure was a manuscript perfected in the Owerri government house.

Whereas the communal provision of sections 188(2), (3) and (4) of the Constitution mandates the Speaker of the House by way of motion supported by at least 2/3 members of the House to decide whether to investigate the petition or not, before swinging the Chief judge of the state into action pursuant to subsection (5), what followed rather was a procedure unknown to the spirit and letters of the 1999 Constitution. Upon the submission of the allegations to the Speaker, a kangaroo committee chaired by one Kennedy Ibeh was inaugurated against the run of play. The task of this committee unknown to the constitution was ostensibly to look into the substance of the allegations. They were given some seven (7) days to be done with their troubles.

You would expect that part of the modus operandi of this make-shift committee would be to invite representations from the embattled deputy governor in keeping faith with the audi alterem partem principle that is writ large in the law of the land, before coming to a decision one way or the other. But you would be disappointed if you had expected that. In a never-seen-before fashion of overzealousness, the tokunboh committee turned in its report the following day. That was less than 24 hours after it was illegally saddled with the preliminary responsibility to determine the fate of the second citizen of the state. In other words, this committee assumed the position of the entire Imo State House of Assembly, whose bounden duty it was, to decide whether to investigate the allegation or not.

While turning in its report, in a classic case of acting prosecutor, judge, jury and executioner, the committee, as reported by the Guardian Newspaper of 15^th July, 2018, urged the House to ask the Chief Judge of the State to raise a judicial panel to investigate Madumere in view of the allegations against him. The Clerk of the House, Chris Duru, was then directed to procure the signature of 19 members of the House in support of the decision of the illegal committee. This, obviously was a futile attempt to meet the requirement of the constitution as per the number of lawmakers whose votes should cause the Speaker to swing the Chief Judge of the state into action as provided by section 188(4) of the Constitution. It was a deft attempt at conferring legality on a most atrocious illegality. A sharp practice that the late justice Niki Tobi feared in the lead judgment in the Inakoju v Adeleke case when the eminent jurist enthused as follows: “…it is merely stating the obvious that the Chief Judge can only invoke his constitutional powers under section 188(5) if the provisions of section 188(2), (3) and (4) are complied with. Putting the position in a negative language, the Chief Judge will not invoke his constitutional powers under section 188(5) if the provisions of section 188(2), (3) and (4) are not complied with. This, in my humble view, is the intendment of the makers of the Constitution…”.

Before now, certain members of the House whose support for the hatchet job could not be vouched were suspended in controversial circumstances over what their colleagues referred to as ‘un-parliamentary conduct’. The suspended members included Dr. Uche Oguwuike (Ikeduru Constituency); Nkenna Nzeruo (Oru East); Collins Chiji (Isiala Mbano) and Ifeanyi Nnataronye (Mbaitoli Constituency). The motion for their suspension on the 27^th of June, 2018 was moved by the Assembly’s Majority Leader, Lugard Osuji and supported by Mr. Lawman Duruji. This suspension no doubt, was to clear the way by the House for what was to come. It was a legislature that could only compare to those in ancient Rome that conspired against Caesar. Only that this time, we are not in Rome, and the subject of the conspiracy, not Caesar.

When one factors the surreptitious manner the House has gone about in exercising its powers against the clear provisions of the Constitution; the timing of this impeachment and the trumped up charges on which it is founded, what is likely to be seen is what is often described as the voice of Jacob, and hand of Esau. Four years ago, a former Deputy Governor of Enugu State, Pastor Sunday Onyebuchi was equally impeached in similar fashion by the Enugu House of Assembly in what would later become known as the “Enugu Chicken impeachment”. Part of the reasons adduced by the Enugu House of Assembly for impeaching the then deputy governor, was his running a poultry farm within the premises of the famous Lion Building government house; as well as not attending official functions on behalf of the then governor, Barr. Sullivan Chime. The embattled deputy governor would challenge his impeachment in Court. And in well considered judgment of the Enugu State High Court, Coram R.O. Odugu, the purported impeachment was declared as null and void.

Even though this judgment came way after the tenure of that administration had lapsed, it nonetheless vindicated the then deputy governor who also had all his entitlements restored to him courtesy of the judgment of the Court. I understand that that judgment is the subject of an appeal now pending at the Enugu division of the Court. It is expected that when that Court finally makes a pronouncement on the appeal, it would not run against the precedent set in the Inakoju v Adeleke line of cases.

That said, the action of the Imo House of Assembly once again puts in focus some of the pitfalls of our democracy. When the head of the executive arm government conspire with the legislature which should play oversight role on the activities of the former, then the whole essence of checks and balances written into our Constitution is abused and bastardized to the detriment of deepening democratic norms. It is on this score that we must commend the decision of the embattled deputy governor to challenge the decision of the House of Assembly in Court, where he is seeking declaratory and injunctive reliefs to stay further actions of the House to the extent that they offend sacrosanct provisions of the constitution. Good enough, he has all the goodwill of the people of the state to contest that. God forbid that a day would come when the people look with trepidation while the cherished values and ideals of a hardly fought democracy is desecrated by rabid state executives working in concern with other anti-democratic forces.

Before rounding off on this Column, it bears pointing out that in Rochas Okorocha, we have another example of how not to be a democrat. He affords us another justification of Lord Acton’s famous admonition that power corrupts, and absolute power corrupts absolutely. Lord Acton must have had his ilk in mind when he gave the civilized world that very illustrative epithet of the abuse of power. Five years ago, he was at the centre of the impeachment of his former deputy, Chief Jude Agbaso, in very controversial circumstances; here again he is once again superintending the removal of his former friend turned foe.

If he got away with it five years ago, it is unlikely that he would this time. With all the forces against him led by the Coalition of Allied Force in the state APC, which has political heavyweights such as Senator Ifeanyi Ararume, Ben Uwajimogu and Osita Izunaso, just to name a few, in its membership, as well as the disaffection on the part of many indigenes of the state, testament of which is found in the thousands that filtered into the streets of the state last week, protesting the contrived impeachment of the deputy governor, it is clear that the man, like the tragic character in Chinua Achebe’s Arrow of God─Ezeulu, may all too soon meet his political waterloo. As things stand, he is already in a hole. He must learn not to dig further.

Raymond Nkannebe, legal practitioner and public interest commentator, wrote in from Lagos. Comments and reactions to raymondnkannebe@gmail.com.

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UBA Foundation Kicks Off Festive Season with Spectacular Garden Light-Up

Published

4 days ago

December 3, 2024

Admin

The United Bank for Africa (UBA), through its Corporate Social Responsibility arm, the UBA Foundation, held its annual Garden Light-Up ceremony on Monday at its head office in Lagos.

The event marked the start of the festive season with a spectacular display of lights, fireworks, and music, bringing together staff, customers, and well-wishers in a celebration of unity and gratitude.

The Garden Light-Up, a cherished tradition, reflects UBA’s commitment to spreading joy and fostering a sense of community. Speaking at the event, UBA Group Managing Director/CEO Oliver Alawuba highlighted the bank’s dedication to creating memorable experiences and expressed appreciation for the efforts of staff and customers during a challenging year.

“As we approach Christmas, a time of love, we remember the spirit of giving and community,” Alawuba said. “This ceremony symbolizes hope for the future and the goodness it brings into people’s lives. I encourage everyone to spread kindness and light as we celebrate together.”

The ceremony also marked UBA’s 75th anniversary, with Alawuba emphasizing the bank’s commitment to building a lasting heritage. Guests enjoyed Christmas carols performed by the UBA Customer Fulfilment Centre choir and a guided tour of the UBA Foundation gardens at Lagos Marina.

In addition to the festivities, the UBA Foundation reaffirmed its commitment to sustainable development through initiatives that focus on education, environmental conservation, economic empowerment, and community welfare. As part of its corporate social responsibility, the Foundation will provide meals to tens of thousands of people across Africa during the holiday season.

The event ended with fireworks, leaving attendees inspired and excited for the season of giving.

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My Economic Policies Harsh, But Yielding Results, Tinubu Insists

Published

6 days ago

December 2, 2024

Eric

President Bola Tinubu has, for the umpteenth time, insisted that the economic policies that he initiated on assumption of office are now yielding the desired results.

Tinubu, who acknowledged that the policies are harsh on the people, stated that the decision became imperative in order to salvage the country from the crises facing it.

Speaking during the 34th and 35th convocation ceremonies of the Federal University of Technology, Akure, FUTA, the President, who was represented by the Vice Chancellor of the University of Ilorin, Prof. Wahab Egbewole, stated that Nigeria is now moving from consumption to production economy.

While calling for the people’s understanding and support, he maintained that his administration is open to criticisms and admiration.

The President said: “The need to salvage the future of our children and bring the country back from the brink of collapse necessitated the strategic decisions to remove the fuel subsidy and also unify the exchange rates.

“I am not unaware of the consequences of the tough decisions on our people. I sincerely wish there could be softer options.

“The macro-economy of our dear country is improving by the day and beyond expectations. The micro-economy, which directly affects our citizens, is also taking shape gradually with positive results.

“By the grace of the Almighty God, every household will experience a better life and have brighter hope for the future.

“We are working hard to ensure the safety of every Nigerian in every part of the country. Our security architecture is up to the task, and the ugly narratives of the past are changing for good. Also, we are not relenting in our pursuit of making our country a haven of prosperity for all.”

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Ademola Adeleke and Two Years of Significant Milestone

Published

6 days ago

December 1, 2024

Eric

By Eric Elezuo

“We are only getting started. The journey of transforming Osun State into a state of opportunities for all is ongoing, and with your continued support, we will achieve even greater things” – Governor Adeleke

The atmosphere at the Aurora Event Centre was a clear testament that the Governor of Osun State, His Excellency, Senator Ademola Jackson Nurudeen Adeleke, is not just a man of the people, but a man, whose presence and influence command love and admiration, evidence of his passion for good governance and lucid display of affection for the plight of the people.

It was the gathering of champions; a gathering that explains that his Excellency, better known as the performing Governor, has exceeded all expectations, and delivered much more than the dividends of democracy just two years in office.

The event was the celebration of excellence; the celebration of a significant milestone that has completely changed the topography of Osun State. The excitement exhibited by the people on the day, was therefore, not surprising.

Prior to the November 27, 2024 d-day, the Osun State Government had unveiled a 16-day events to mark the grand second anniversary as governor of the state.

The Secretary to the State Government, Mr. Teslim Igbalaye, who unveiled the ceremonies, rated Adeleke high in terms of service delivery, grassroots development and human capacity development.

The 16-day fiesta, according to Igbalaye comprises a health walk, novelty match, Jumaat, church service, state awards presentation, and projects commissioning.

Commenting on the achievements of the administration in the past two years, Igbalaye, said Adeleke had surpassed expectations, assuring that an increase in political activities would not distract the governor from completing all ongoing projects.

Among the projects commissioned was the dualisation of the Old Garage-Okefia Lameco Freeway, which was done by a former President, Chief Olusegun Obasanjo, which much gusto and fanfare with other dignitaries in attendance including representatives of the eight assembly – Senator Dino Melaye and Lanre Tejuoso. Others were Juju music maestro, Sir Shina Peters, notable traditional rulers, members of the executive council as well as state assembly members.

In his address at the commissioning, Obasanjo lauded Adeleke’s steadfastness in the discharge of his constitutional duties of providing good governance, reminding him that there are two more years from the present midterm, to unleash more his human faced policies, programmes and projects.

Other dignitaries that commissioned many other projects during the period included the Governor of Oyo State, Mr. Seyi Makinde, who commissioned the Osogbo Ring Road; the Minister of Works, Engr. Dave Umahi, and the Minister of Aviation, Festus Keyamo, who laid foundation for the proposed Osun Airport, and performed turning of sod for emerging projects, and a host of others.

It is worth noting that inaugurated projects spanned across the 30 local government areas in the state.

Presentation of bond certificates to contributory pensioners and presentation of award to Governor Adeleke by the contributory pensioners was also done.

As early as 10am, the event venue was a beehive of activities with groups, market men and women, political associations and students unions among others, singing the praises of the administration and the person of the governor. It was the grand entrance of the governor, flanked by aides and associates, that set the stage for what later become the mother of all events.

In their various speeches, all represented groups lauded the giant strides of the governor, highlighting areas of staunch improvement including Healthcare, Education, Investments, Entertainment, Sports, Rural Electrification and Technological advancement.

Additionally, awards were presented to outstanding individuals who contributed significantly to the growth and development of the state just as long awaited CofOs were released to deserving citizens of the state.

While addressing the mammoth crowd of happy indigenes, Governor Adeleke thanking them for their support and promised to continue his administration’s efforts in education, health, and infrastructure.

However, it was the governors speech that gave vent and flesh to the myriads of achievements that the brief two years of the Adeleke-led administration has bestowed on the people of Osun State.

He therefore, rendered his stewardship, a catalogue of immutable achievements that everyone has come to agree on.

He said, as broadcasted:

My good people of Osun State, today marks my two years in office as your popularly elected Governor. I start this broadcast by paying glowing tributes to elders, women, youths and residents of Osun State.

I convey my deep appreciation for your strong support and prayers. From November 27th, 2022 to date, Osun residents have demonstrated unshaken faith in our government. Your prayers for me and my team have strengthened us significantly. Your regular counseling have enhanced our intentional drive to deliver on good governance.

My people, you are well aware of what Osun was on and before we took over two years ago. We all recall the pains and sufferings of the public servants and pensioners. We remember the huge infrastructure and policy deficit in transportation, health, education, water, ICT, environment, agriculture and commerce and industry. We cannot forget in a hurry the deep gap between the state leadership and the people.

To revive the state and deliver on good governance, my administration launched out with a five-point agenda. We targeted specific areas of needs of the people which form the major components of the clearly defined agenda.The goal principally was to address the aspirations and immediate needs of our people.

In line with norms of accountability and responsibility to the electorate, I am obligated to render my stewardship midway into the life of our administration. It is, therefore, with praises to God Almighty and the universe that I address you on major advances our admnistration has already recorded across the sectors.

We pursue a preventive health care policy which places emphasis on access to health care. By today, our administration has upgraded 200 primary health care centers out of almost 400 with solar power, boreholes and medical materials. We are now shifting attention to the six general hospitals for upgrade and refurbishing.

In the same vein, we conducted two major Imole medical outreach with over 100, O00 beneficiaries. The third edition is upcoming, even as we have enrolled 29,000 pensioners in the health insurance scheme to bankroll their Healthcare.

On water supply, we developed three structure plans of immediate, short and long term template to resolve the acute water shortage inherited in 2022. Immediately, we delivered 332 boreholes across the 332 political wards in the state. Another 332 is ongoing. Simultaneously, we commenced the rehabilitation of the water works in major towns by relaying the rusted pipes laid in early 70s. Additionally, the abandoned 10 mini-water works are being revived while the project for Ora water scheme is also under implementation.

In the agricultural sector, we started the farm mechanization plan by purchasing 31 tractors in the first phase. Farm inputs were regularly distributed and I am launching the youth agropreneur programme across the 30 local governments and the area councils. We are reviving the farm settlements. We are implementing the new Cocoa and Cashew expansion initiatives.

For the education sector, the University of Ilesa has become a reality with take off grants and accredited courses. Rehabilitation of its internal roads are now ongoing. For the Osun State University, four abandoned projects were completed and a new anatomy laboratory was started and completed by our administration. We rehabilitated 99 secondary schools, restarted the upgrade of the six technical colleges and are about to issue letters of appointment to new teachers.

For the public service sector, our government has paid about 12 billion pension debt in two years compared with 11 billion paid by the opposition for its 12 years in the government of the state. We restored normalcy within the public service with permanent secretaries and regular promotion exercises. Half salary debt is being paid in phases, and a new minimum wage has just been approved for the state workers. Ours is an openly pro-workers government.

In Science and Technology, we gave Osun its first ICT policy, innovations policy and Startup legal framework. We introduced the first digital economy agenda for the state. Implementation of these policies and programmes are ongoing.

For the power sector, our government is finalizing a policy and legal frameworks for the electricity market system. With the devolution of the power sector, the passage of the electricity bill into law in Osun state will enable us to regulate stakeholders in the sector. An electricity regulatory commission will be set up to license generators of powers among others.

My dear people of Osun state, our administration has constructed over 120 kilometers of roads across the state. Several inter- state and intra-city roads completed are to be commissioned during this 16 days anniversary. Two major flyovers are also progressing to completion at Osogbo while works are progressing at the Ile Ife Flyover and Ilesa dualization.

I have redirected our efforts and plan at the completion of Iwo-Osogbo road. We have added the dualisation of Odoori – Adeeke road inside Iwo to be executed in two phases. The first phase will reach Post -Office and Oluwo Palace while the second phase will take off from Post Office to Adeeke Junction.

Our government has enhanced the local economy, not just through its local content policy, we have also expanded access to financing for artisans and small businesses through the cooperative societies. Several millions of naira have been advanced to the state cooperative movement as revolving loans, the first time since the First Republic. We encouraged creation of ward-based artisans cooperative societies across the 332 political wards. Another millions of naira have been advanced to the 332 business groups as revolving loans. During this anniversary, another set of small businesses will get microcredit cheques. Osun money is truly revolving within Osun State economy.

I want our people to note for the record that for all our projects and programmes, we did not obtain any loan. We only block leakages in the state finance and employ local content to moderate project cost and enforce high standards. We never discriminate on inherited projects and we never sack any contractors engaged by our predecessor. We run an open transparent government.

For the second half of our government, I reassure all sons and daughters of Osun State that the government under my leadership will complete all ongoing projects. We will continue to address the infra and social needs of our people. We will strike a balance between hard and soft infrastructure.

Going forward, we will deepen our consultation and interactive mechanism with the citizenry. As we have acted only in public interest in the last two years, we will sustain our responsiveness and respect for the wills and aspirations of our people.

Therefore, I invite you to join me as we commence the anniversary with town hall meetings and commissioning of projects and programmes.

Once again, I thank Osun elders, sons and daughters for your support and prayers. I remain your Governor who is ever committed to service to the high and the low, to the poor and the rich, and to all our citizens and residents.

I thank you for listening.

HE, Senator Ademola Jackson Nurudeen Adeleke, Executive Governor of Osun State.

Governor Adeleke, on July 16 2022 defeated the incumbent administration of Adegboyega Oyetola, and was sworn in as governor on November 27, 2022 to begin a four-year term.