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Why Both Obasanjo and Atiku Should
Not Be Impeached
By Mobolaji E. Aluko, PhD
alukome@gmail.com
Burtonsville , MD,
USA
September 20,
2006
INTRODUCTION – AN EMBARRASSING FIASCO
Quite frankly, with
the unfolding embarrassing (inter-)national fiasco between President
Olusegun Obasanjo and Vice-President Atiku Abubakar – complete with
each asking the other to resign, all enveloped in accusations and
counter-accusations over PTDF funds and TIB/ETB banks; Jefferson/iGate
and Fasawe/NDTV; Pariya and Adeyanju; Mofas and Marine Float
Accounts; PDP and mistresses; Transcorp and Blind Trusts; with Remi
Oyo/Garba Shehu carrying their bosses' water publicly and EFCC/National
Assembly in the thick of affairs – the average Nigerian will be
forgiven if he proclaims "Pox on all their houses!" She will be
forgiven if she demands that they both be impeached and lose their
privileged status as the heads of the Blackest nation in the world.
No one of them
looks good either from behind or from the front: they both shame the
Presidency, and at the minimum they deserve official censure. One
should not be impeached without the other though, yet impeaching
both of them would not be wise.
Here is why.
THE IMPEACHMENT OPTION
According to
Section 146(2) of the 1999 Constitution, in the absence of both the
President and Vice-President, the Senate President (in this case
Senator Ken Nnamani) will become president and must arrange for
elections within 3 months, after which the winner will hold office
for the rest of the un-expired time of the last holder:
QUOTE
146. (1) The Vice-President shall hold the office of President if
the office of President becomes vacant by reason of death or
resignation impeachment, permanent incapacity or the removal of the
President from office for any other reason in accordance with
section 143 of this Constitution.
(2) Where any vacancy occurs in the circumstances mentioned in
subsection (1) of this section during a period when the office of
Vice-President is also vacant, the President of the Senate shall
hold the office of President for a period of not more than three
months, during which there shall be an election of a new President,
who shall hold office for the unexpired term of office of the last
holder of the office.
UNQUOTE
Here is what that means: as of today, only President Obasanjo
has sent some documents to the Senate and House merely "informing"
them about Vice-President Atiku's numerous infractions, but hinting
that impeachment proceedings against him might be a wise decision.
One can expect that any day now, Vice-President Atiku, armed with
all the documents that he has been revealing publicly, also has the
capacity (and presence of mind) to retaliate and place similar
"information" before the National Assembly.
Now, if next week Tuesday (say September 26, the first day of
next week's National Assembly meetings), an impeachment notice is
given, and proceedings are started against both Obasanjo and Atiku,
then it is likely that it will take at least one month to
successfully impeach them. That takes us to October 31. Then
starting November 1, 2006 as the new President, Senator Nnamani
(after probably choosing House Speaker Bello Masari as new
Vice-President) must arrange for elections before February 1, 2007.
Nnamani may want to complicate matters by firing INEC's
chairman Prof. Maurice Iwu instantly, and choose a new person
entirely who will have to learn the ropes. If President Nnamani
means well – that is, if he does not have a secret agenda, or does
not become tempted or "earnestly urged," to extend himself BEYOND
May 29, 2007 – he would do well to retain Prof. Iwu. Iwu might then
(as usual) confidently declare that yes, he can hold the elections
on Saturday, January 20, 2007 . Hopefully, that will be just enough
time to count and announce election results before February 1,
assuming there are no major issues.
Now if the newly-elected president begins February 1, 2007 ,
the current holder (Obasanjo)'s term ending May 31, 2007 means that
the elected president will be in power for only 4 months !
Luckily, before
those four months are past, we still have the already scheduled
state and federal elections April 14 and April 21 – to elect those
who will go from 2007 to 2011. Yet we are not sure that INEC is
even quite ready for the presently scheduled presidential election
for April 21, 2007 or the run-offs anticipated. How will it then be
able run presidential elections in January 2007, and another one in
April 2007?
So, dear compatriots, do you see the dilemma that we are in?
Much as we would like to, we cannot afford to impeach both of these
gentlemen: We are most probably stuck with them till 2007! A
strong National Assembly censure of them is in order though, while
we just "beg" or frighten them to leave us alone come May 29, 2007 –
after also "forcing" them to organize free and fair elections.
THE MILITARY OPTION
Before discussing this anathema, it is appropriate to condole
the Military, the nation and family members, friends and associates
of the deceased over the tragic air accident over the hills of Benue
State which took the lives of ten generals and three others on
Sunday, September 17, 2006. Out of Nigeria's five military
divisions (1, 2, 3, 81st and 82 nd) , the
lives of two of their General Officers Commanding – Major-General A.
Nuhu Bamali of the 2 nd Div. and Major-General J.O.
Adesunloye of the 81st Division (both appointed just in
March 2006) – were taken so suddenly. Others who died include
Major-General. J.O. Agbola, Major-General.S . O. Otubu,
Major-General S. M. Lemu, Major-General. J. T. U. Ahmedu,Major-General
P. M. Haruna, Major-General. D. Duniya, Brigadier-General Y. J.
Braimah, Brigadier-General M. B. Bawa and Lieutenant-Colonel N. A.
Mohammed and the pilot.
One hopes that a full probe will be conducted, and the
results released, so that all suspicions of foul play are squelched.
Whatever be the case, the present fiasco at the Presidency
should not be an invitation, witting or unwitting, for the Military
to return. Many of us submit that most of our current problems are
a result of past military and paramilitary incursions and abysmal
misrule, and that it would be a retrograde step to go back to
military rule, despite frustrations about the "quasi-military"
civilian administration that we now have. Supporting empirical
evidence is that while the military has interrupted civilian rule
only twice (in 1966 and in 1979), the military have interrupted
THEIR OWN GOVERNMENTS successfully or unsuccessfully at least eight
times over the years. Consequently, their own verdict is fully
against their own rule.
2007 ELECTIONS
Our current frustrations at our leaders particularly at the
national level should move us to insist on fresh rulers in 2007
DEVOID of military baggage – that is with full civilian credentials.
We must insist on leaders who are freely and fairly elected, with
vision and team leadership skills, and fully prepared to be always
accountable, transparent and to act with integrity.
The road to such a
desirable outcome should FULLY begin on October 7, when registration
for the elections has been announced to begin. INEC should not be
allowed to cut any corners with the exercise and others, and must be
required to be accountable and transparent in displaying who is
registered in what ward.
In another essay, I
have also in the past called for a move UP of the April 14/21 dates
to the end of February 2007, because the constricting Section 132(2)
of the Constitution often cited for choosing such a cramped schedule
before May 29 is badly written and cannot stand legal test if
violated. That section states that:
QUOTE
132(2) An election
to the said office shall be held on a date not earlier than sixty
days and not later than thirty days before the expiration of the
term of office of the LAST holder of that office.
UNQUOTE
It is significant
to note that it reads "last holder" rather than the CURRENT holder.
The last holder of the title "president" in Nigeria is General
Babangida (an unelected military ruler) or better yet, President
Shehu Shagari, who was elected in 1979, re-elected in 1983 but
couped within three months in December 1983!
What that means is
that if the political and judicial classes in Nigeria can insist and
agree that nothing is being violated by ignoring this Section
132(2), then the nation through INEC can buy one to two more months
to give our electoral process next year more breathing space.
I rest my case for now.
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