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Why Both Obasanjo and Atiku Should Not Be Impeached Print E-mail
Wednesday, 20 September 2006

Why Both Obasanjo and Atiku Should Not Be Impeached

By Mobolaji E. Aluko, PhD


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:

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.

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 ELECTION

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.




RobotRobot is offline 
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 # 1

Posted by Robot| 20.09.2006 13:53

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BalanceBalance is offline 
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 # 2

I think you are too generous with your estimate of time to re elect if both were impeached even with Godspeed. What the constitution says and when elected leader gets back may be two different practicalities.
What do we then do with three, four or five bastards apart from the two we want out? Give them more time to expose themselves. We can then base our new election on new faces, not on the looters who are cancelling one another out. This is a good civic lesson for Nigerians and I hope we survive it without military interferance. By and large, Nigerians are smart enough to differentiate between apples and oranges. Let us hope it the begining of a new era that will purge Nigeria of bad elements among us. I am waiting for the latest!

Posted by Balance| 20.09.2006 14:18

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Tunde meeeTunde meee is offline 
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 # 3

Lets try this new Thai option, provided we have patriotic ones like those. Our story sounds similar.

Posted by Tunde meee| 20.09.2006 14:58

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DERI MIKEYIDERI MIKEYI is online 

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 # 4

You Mean Give These People Enough Time To Recoup And Fight Back-very Soon We Would Have Governors And Political Leaders Being Mobilised From The Nooks And Cranies Of The 36 States, Assemble For A Martch Past Vie Aso Rock- Call For The Resignation Of The Vp-the Abacha Style-have You Forgotten The Million March Men?.
When Kalu Told Ribadu To Probe Obj-what Did He Say--no Evidence-
Let Us Have An Interim Government That Would Be Strong Enough To Beam Its Search Light On Both Of Them-for Now Let Them Go-to Kirikiri And Wait While The Team To Govern The Country Is Being Put Together By The Senate-

Posted by DERI MIKEYI| 20.09.2006 16:22

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BLFBLF is offline 
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 # 5

TUNDE MEE:I like to know what you are sniffing for suggesting the Thai option.The solution to a political impasse should never be an open invitation for military incursion into politics. Remember nobody considered that option in 2000 when the winner of the US presidential election was uncertain. Is it only in some third world country that this option quickly becomes a "civilized" way of solving problems? It is just so saaaaad that the current president squandered this opportunity to get it right this time around.Most of the fighting is between him and his own party,with no effective organised opposition. Gosh, I miss Awolowo so very much. A little bit of effective opposition across the aisle will do mighty good. AGAIN THE MILITARY SHOULD STAY OUT OF IT.WE MUST CONTINUE THIS JOURNEY UNTIL WE GET IT RIGHT!!! BTW I too mourn the loss of some of the finest military officers in that plane crash. These men have labored so very hard to set the military on a proper professional footing.Few years back I read a lot of praises showered on Major-General Nuhu Bamali for his contributions in bringing peace and tranquility to Sierra Loene. Most of these officers were only recently promoted and appointed to their various postions about a year(or less) ago.See www.nigerianarmy.net(right handside in green,"newly promoted officers". My sincere condolences to their families.

Posted by BLF| 20.09.2006 20:14

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LeCarreLeCarre is offline 
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 # 6

Perhaps finally, Nigerians will now come to understand why a parliamentary system in which a vote of no confidence would have thrown out this government ages ago is preferable to this monolith of a governance system called a presidential system.

It is inflexible, devoid of imagination and designed based on a rigid system of rules that lags the true feelings of the republic. The mid-term election that the US uses is absent; the recall process is cumbersome; and the impeachment process is godawfully complex.

Nigeria's complexity as a society demands that we create an equally flexible systems to manage ourselves, especially in a society in which we have 3 generations of citizens with a terrible understanding of what it means to run a government. I miss the quiet simplicity and flexibility of the independence constitution.

Posted by LeCarre| 20.09.2006 20:45

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Bunch17Bunch17 is offline 
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 # 7


=Tunde meee;131326>Lets try this new Thai option, provided we have patriotic ones like those. Our story sounds similar.



Unfortunately politicians have short memory, I doubt if it happened in present Nigeria the average Nigerian will give a hoot.

Posted by Bunch17| 21.09.2006 09:30

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AFUAAAFUAA is offline 
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 # 8

The Thai option should not even be considered and the move to impeach either of them will only lead to the elongation of the Roforofo fight and thus the full portrayal of our country as 'Ijo yoyo' republic.

If we were to contemplate the impeachment option one can imagine how many Ghana must go bags will be thrown around the Pro OBJ and Pro Atiku camps in the national and state houses of assembly as well as the Governors. If this happens the process will definitely drag on for a long time as none of the camps will be able to secure the mandatory two thirds majority and there is no way under the sun those shady characters in our senate will move to send both men out as roforofo go rub them too.

Going back to the constitution, it is a shame that this revered document has been prepared by a very lazy bunch of people if the observations of Mr. Aluko were true. They probably got hold of a constitution from some mundane places and knocked it around the way we would use a report template at work by editing it to reflect current issues.
I won't be surprised if Microsoft has a Constitution template maybe it was used for drafting ours. It is ironic that we have lawyers in the house of assembly, does this imply none of these people have actually scrutinised the constitution with the aim of discovering flaws in it.
Our nation needs prayers.

Posted by AFUAA| 21.09.2006 11:03

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Tunde meeeTunde meee is offline 
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 # 9

Nna you yap o. You just make me laugh. You mean say he fit be say na microsoft template them carry make my papa land constitution. But come to think of it with the number of flaws in that constitution it actually shows
the calibre of lazy duds that made it. I think Afuaa's thought is a possibility. May God bless Afuaa with that his bad mouth.

Posted by Tunde meee| 21.09.2006 12:11

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SBISBI is offline 
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 # 10

Prof Aluko:

Anyone would expect that an intellectual of your pedigree would have thought this idea through before making your presentation.

Having arrived at the Nnamani/Masari scenario you did not exhaust the possible options.

Section 305 (3)-(f) of the Nigerian constitutions states:

305 (3)"The President shall have power to issue a Proclamation of a state of emergency only when - ....
(f) there is any other publid danger which clearly constitutes a threat to the existence of the Federation;.."

This Proclamation can have immediate effect and be in force for a period of 6 month in the first instance if approved by two-thirds majority of the the National Assembly.
Of course the same two-thirds that created the scenario in the first place.

I would think that the inability of an Nnamani/Masari presidency to conduct an election in the immediate post OBJ/Turaki refuse disposal exercise would be a genuine and valid reason to declare a state of emergency. If anything the extra time would allow for stability of the nation and to resotre some confidence in the offices and institutions of the State.

If there is the will, double impeachment is very very practicable indeed. No problem there.

Posted by SBI| 21.09.2006 19:03

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