ABDULRAHMAN A. ABDULRAUF looks at the argument for and against Tuesday’s impeachment of Governor Murtala Nyako of Adamawa state
Climax of a drama
The seaman ran into turbulent political water but could not navigate his way through and consequently got sunk and stalked in the deep sea of Nigerian politics. This analogy aptly captures the fate of the erstwhile Governors of Adamawa State, Rear Admiral Murtala Nyako who was catapulted out of office on Tuesday by the state House of Assembly. It was indeed the climax of a political drama that had played out in the last few months in the Jewel of Savanah state.
Manner of his impeachment
His removal followed the adoption of the report of the seven-man investigation panel set up by the state’s former Acting Chief Judge, Justice Ambrose Mammadi to investigate alleged 20-count charge bordering on gross misconduct levelled against Nyako and his deputy, Bala Ngilari. Although, the impropriety or otherwise of the acting CJ is contentious as his tenure was believed to have expired, the hammer however fell on Nyako, who like proverbial cats with nine lives, survived impeachment and related threat to his office in the past.
At the plenary, the Speaker, Ahmadu Umaru Fintiri read the report of the panel to the members, and quoted section 18(a) of the Constitution which gives the House 14 days within which to deliberate on the report. Thereafter, Jerry Kundusi representing Gombi Constituency then moved a motion that since the House had the required 2/3 Majority, it should commence debate on the panel’s report immediately. With one motion leading to the other, the septuagenarian governor was found guilty and consequently sacked from office and Speaker Finitiri instantly stepped in, in acting capacity after being sworn-in by the President of Adamawa Customary Court, in the absence of the Chief Judge.
Nyako’s ‘sins’
Although, the allegation of gross misconduct as submitted by the House on the surface looks real on the surface, political observers are however of the view that Nyako’s travail was traceable to many ‘sins’ against the power-that-be. The analysts posited that since his defection to the All Progressives Congress (APC) from the Peoples Democratic Party(PDP) alongside some four other PDP governors, the ex-naval boss had not known peace as the relationship between him and the presidency as well as the lawmakers became strained. The frosty relationship was further worsened by the controversial memo to the Northern State Governors Forum(NSGF), in which the ex-naval chief threatened to drag President Goodluck Jonathan to the International Criminal Court at the Hague over alleged genocide in some parts of the north where there is security challenge.
But in the considered opinion of these analysts, the same Nyako had been threatened with impeachment in 2008 over certain anomalies only for the state legislature to turn around much later to pass a vote of confidence on the governor. The question then is; what went wrong where? Why wait till now to spring up this ‘coup’? again, why the rush to act a sript supposedly written by the power-that-be? Of course, many want to finger at the Presidency for the ex-governor’s travail because he refused to tender an apology and possibly withdraw the genocide letter. Besides, the sacked state chief executive was among others, alleged to be running a family government, a development that never went well with some indigenes of the state most importantly politicians of PDP stock. Most critical of the lots was a group-Save Adamawa State Movement(SASM) led by Stephen Albert. The group, it would be recalled had gone to court to challenge a fresh N43billion loan in form of bonds in the twilight of his administration.
But lending credence to some of the ‘sins’, a former governor of Anambra state, Dr. Chukwuemeka Ezeife, described Nyako’s impeachment as unfortunate, saying however that it was inevitable.
Recalling how Nyako was drawn into the governorship race by former President Olusegun Obasanjo, Ezeife said his defection to APC “spoilt everything” , so also was his “recent unguarded memo against the president” accusing him of genocide against the North, was in bad faith.
“This may be partly responsible for what is happening to him. I am neither condemning him nor am I condemning the House of Assembly. It is unfortunate, but that is part of democracy,” he explained.
Mixed reactions
Just 24 hours after, the development has started generating mixed reactions. While some are saying it served the former governor right and that the lawmakers action was procedurally okay, others are insisting that it was mere witch-hunting with a tinge of political undertone.
Corroborating Ezeife’s position, another former governor of Anambra state, Chinwoke Mbadinuju, said it is a lesson for other governors. He said: “It is a pity that things happened the way they did, but the truth is that I saw it coming. Our democracy is still very young and such things should not be happening at this time in our nation’s history.”
“Nyako has always had issues with politicians in his state, but I expected him to handle the situation in a more mature way. He now worsened his problems by writing a memo, indirectly accusing the president of leading genocide against the North. It was a very wrong thing to do. “Nyako brought the problem on himself, even when he knew that he did not have a strong hold on the House of Assembly. But let us watch and see how events unfold,” Mbadinuju added.
Although neither the PDP nor the Presidency has made a formal reaction to the incident, accusing fingers are however pointing at Abuja as brains behind the whole drama. In its reaction, the APC which threatened to challenge Nyako’s removal in court, said the entire impeachment was suspect. National Chairman of the party, John Odigie-Oyegun is of the opinion that the former governor’s offences were not impeachable.
Addressing journalists in Abuja, the APC leader said: “The entire impeachment of Governor Nyako is so fraught with irregularities, bias, judicial contradictions and in violation of every procedural and constitutional provisions that it is the worst manifestation of impunity. We intend to mount an immediate and rigorous challenge to this gross injustice to the party and people of Adamawa state.”
Narrowing it to the current impeachment threat against Nasarawa state governor, Umar Tanko Al-Makura, he asked “What is Governor Al-Makura of Nasarawa being threatened with impeachment for? Allegations of extra-budgetary expenditure? The same offence that President Jonathan has committed many times.”
“In fact, only on the 10th of July 2014, the Senate passed a resolution asking President Goodluck Jonathan to prepare and submit to the National Assembly supplementary budget to cover the over expenditure in the sum of N90.693 billion (US$585 billion) for PMS subsidy 2012 and the sum of N685.910 billion (US$4.430 billion) for Kerosene (DPK) subsidy expended without appropriation by the National Assembly in 2012 and 2013!” the APC chair further said.
While alleging inducement in the impeachment threat across some APC states, he said like they did in Adamawa, some N500 million had allegedly been moved to Nasarawa to induce the state lawmakers to impeach Al-Makura, and in Edo, each lawmaker was allegedly offered 75 million Naira to impeach Governor Adams Oshiomhole.
Reading some politics into Nyako’s impeachment, Oyegun said the governor’s offences he allegedly committed five years ago, were not impeachable when he was in the PDP, “but the moment he decamped to the APC, they became impeachable.”
The party said the ruling PDP had carried out evil machination in Ekiti and Adamawa, adding, “they have carried it to Nasarawa, and they have Edo, Osun and Rivers in their sights.”
PDP’s advice
And in a swift reaction to APC’s claim, National Publicity Secretary of the PDP, Olisa Metuh cautioned the opposition agsint inciting Nigerians against the federal government.
The party said: “We in the PDP believe in democracy and the principle of separation of powers as enshrined in our constitution. As such, we have never and will not for any reason whatsoever interfere in the activities of the.
Legislature at any level.
“Our advice to the APC is that resorting to blackmail and unfounded allegations will not help them. They must understand that in a democracy, the will of the people and the rule of law are paramount. Nobody is above the law or above the will of the people. Also they must note that the law does not exonerate an erring official simply because he is in the opposition.”
Nyako’s chances of reclaiming seat
The embattled ex-governor who believes his fate emanated from man’s judgement and not God, however hinted of going to court to reclaim his seat, with some lawyers insisting he has a good case. One of such is Emeka Ngige (SAN), who posited that “I believe that the process will be nullified in court, it is only a matter of time. Ladoja suffered the same thing in Oyo State. A similar thing happened in Anambra. They went to a hotel to impeach Ladoja.”
He also faulted the military protection for the acting CJ while setting up the investigative panel, saying “It is part of the danger of our militarised democracy. This will not do this country any good.”
Disagreeing with Ngige however, another SAN, Dr. Joseph Nwobike, believed the impeachment was in order. Nwobike said, “I think the procedure of impeachment set out in the constitution was substantially complied with.
“The problem was that the former governor refused to appear before the panel and it means that if you refused to appear before the panel, all the allegations of misconduct levelled against him were proved.
“It means there was no contrary evidence against the allegations. So the panel was right to have given a guilty verdict against the former governor.”
Alleged hidden agenda
But beyond the alleged misconduct, it is believed in some quarters that the development is part of the PDP’s grand design to take over the APC-controlled states ahead of 2015. This much was echoed by a lawyer, Felix Fagbohungbe, who also noted that reversing the impeachment in court would be a herculean task.
“Ordinarily, the procedure would have been followed, but whether the intention was proper is another thing because it has political undertone. It is the PDP that is at work. The PDP wants to take over the states controlled by the APC and the more they try to take over the APC states, the better chance the PDP has to win the presidential election.
“They would follow the procedure, even when they follow it, they would manipulate it by making sure that they get the right person, who will do their bid to take over. It is a pity that it will create more problems that Nigerians would want to see. “Even if you go to court. Any court procedure to reverse it will be a herculean task,” Fagboungbe contended.
Sharing similar view, another lawyer, Fred Agbaje, who also described Nyako’s impeachment as a danger to democracy insisted “the machination of the PDP is at work and they are scheming to convert this country into a one-party state. Nyako’s impeachment did not come as a surprise, but I believe that it can be challenged in a court of competent jurisdiction. This is because the impeachment process was flawed from the beginning.
“He was not given an impeachment notice and he can contest that in court. However, what I find puzzling is why he avoided being served a notice. It would have been better if he submitted himself to an investigative panel and defended himself well.
“By that, the world would know that he is innocent of the allegations levelled against him. But I maintain that this impeachment action is harmful to our democracy.”
In a similar position, the Lagos state House of Assembly, said the move is clearly aimed at turning the country into a one-party state. Its position was made known by the Chairman, House Committee on Information and Strategy, , Hon. Segun Olulade, member representing Epe Constituency II.
Olulade who described the incident as unfortunate, said: “If the trend continues like this, I doubt if a free electoral atmosphere can be present in the country. The Presidency has taken the impeachment antics to Nasarawa whereby the governor of the state is also being threatened with impeachment. I don’t think all of us must join PDP before Nigeria can stand as a country. It is funny that Mr President was giving Nyako a condition to join PDP or lose his job.”
Atiku, Saraki caution
And amidst all of this, former Vice-President, Atiku Abubakar, has cautioned the ruling PDP against what he described as ‘‘excessive use of power’’, saying it is not good for decent democracy. Atiku, a former PDP leader who also defected to APC, said: “the reckless use of impeachment to settle scores could not have been the intention of the framers of the 1999 Constitution.
“The frequency with which elective officials were being shot down by impeachment would destroy the whole purpose of inserting the impeachment clause in the Constitution. The use of impeachment to harass and humiliate perceived opponents by the PDP-led Federal Government would ultimately bastardise the spirit in which the constitution provides for the impeachment clause.”
In a similar condemnation, former governor of Kwara state, Senator Bukola Saraki, also described the impeachment as unfortunate, even as he raised alarm that other governors were already on the firing line.
He said, “It is very unfortunate and I think we are seven months to the end of the tenure. We all need to look at the bigger picture, look at the stability of our democracy. After Adamawa, I think Nasarawa State governor is being served with impeachment notice and three other states are going to be served.
“The bigger issue in this country now is the issue of security and poverty. Some of the issues raised against the Adamawa State governor can also apply anywhere and we need to be mature with our democracy. Those who are beating the drums now should know that it will come back to them.”
FG’s likely legal threat
Except Nyako moves fast and seek reprieve from the court, he may be facing the greatest embarrassment of his life. With him being stripped of immunity, the federal government might commence legal actions bordering on treason against him on his genocide claim. He could be accused of incitement of Nigerians against Jonathan. And side by side, he will also be facing some firepower from the anti-corruption agency to defend those allegations for which he was booted out of office. If found guilty of all the charges, then it is doubtful if the retired naval officer will not in distant time be cooling off in gulag. Certainly, the trouble is not yet over for Nyako. But as expressed by Atiku and other stakeholders, there is need for caution in order not to jeopardize the nation’s democracy as Nigeria journeys towards 2015. Certainly, this is going to be another major test for the nation’s judiciary. But can the judiciary rescue the situation.
