Innocent Anaba & Christian Nwokolo
14 November 2006
The Nigerian Bar Association (NBA) yesterday faulted the impeachment of the Plateau State governor, Chief Joshua Dariye by only six members of the state House of Assembly, saying that the impeachment breached the clear provision of the constitution.
Mr Olisa Agbakoba, NBA President in a statement in Lagos, said, "NBA notes the continued breach of the rule of law and the abuse of due process in Plateau State and a few other states in the country. NBA will continue to defend and promote the rule of law and due process. To this end, the Nigerian Bar Association has sent out fact finding members to various troubled spots in Nigeria, e.g Ekiti, Plateau, Oyo, and Anambra States with a view to having an informed assessment of the situation on ground."
"The Nigerian Bar Association reiterates its recognition of the undoubted constitutional right of Nigerians to participate in politics but it must be done in accordance with the rule of law and due process," he added.
Another lawyer, Bamidele Aturu in his reaction said, "the drama on the Plateau has assumed a tragic dimension with the removal of the Governor Chief Dariye, by six out of 24 members of the State House of Assembly. The point must be made again that while no one supports looting of public treasury by elected or appointed officials, there can never be any sensible justification for breaching the rule of law as was manifestly done on the Plateau. What took place in Jos this morning is nothing but unbridled legislative brigandage".
According to him, "it is sad to note that the mess would not have been possible without the active connivance of the presidency. The legislators did not form the required majority required by the constitution in order to remove a governor under section 188. What is more galling is the fact that there is an existing court injunction restraining the Panel from continuing to sit.
"That members of the Panel disobeyed the said order alone vitiates all that they did and renders the whole impeachment liable to be set aside in accordance with the Division of the Court of Appeal in the Ladoja's case. In saner societies the six legislators who committed this atrocious rape of the constitution should be arrested and tried for treason.
"For what they have done is no more than taking over the government of Plateau unconstitutionally. It is a coup d'etat. That they were neck deep in conspiracy with the presidency does not absolve the members of the house that committed this crime. I call on all Nigerians to condemn this latest act of constitutional infamy.
"The National Assembly must discuss the matter and see the link between it, the failed third term project, the programmed failure of INEC and the future of democracy in Nigeria .
"The brigandage in Plateau should convince everyone that we need to be vigilant otherwise there would be no transition in 2007", he added.
Olumide Olaniyan, another lawyer said, "I thought I was actually immune to all the charade going on in the political circle, until this (yesterday) morning when Chief Dariye was impeached by six members of the Plateau State House of Assembly.
"I am actually not a beneficiary of Dariye's misrule, but rather a victim of it.
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