Nigeria: Impeachment, Penalty for Failure and Incompetence (II)

30 August 2022

Continuing from last week, the piece here gives further details of what transpired after President Olusegun Obasanjo was served an impeachment notice by the House of Representatives on August 2002

WITH President Obasanjo that night were his personal assistant, Bodunde Adeyanju from Ado Ekiti; Chief Olabode Ibiyinka George (76), the former Military Governor of Ondo State now Ekiti and Ondo states combined, my former boss, who was then Chairman of PDP South-West; Professor Babalola Aborisade (March 7, 1946- April 26, 2017) from Usi Ekiti, who was then a Minister; Chief Stephen Olakunle Bakare of Oluwalogbon Motors and other top government officials. President Obasanjo's special assistant, Taiwo Ojo from Igbo Ora, made frantic telephone calls throughout that night.

I left THE VILLA that night around 3a.m. with Chief Tunji Oseni.

President Obasanjo made persistent calls on the Nigerian High Commissioner to the United Kingdom, Chief Christopher Kolade that night. Chief Oseni later made me a member of the three-man media committee which he coordinated to reply to the allegations of the House of Representatives.

The allegations are: 1. That sometime between the months of April and July 2002, the President purportedly amended the Capital Provisions of the 2002 Appropriation Act by reducing the Capital budget to 44% without forwarding the said amendments to the National Assembly for passage in violation of Section 80(4) of the 1999, Constitution which acts amounts to gross misconduct; 2. On or about the month of July 2002, he issued a presidential order purporting same to constitute an amendment to the Revenue Allocation Act which action amounts to a violation of Section 162( 1) and (2) and Section 313 of 1999 Constitution which amounts to a gross misconduct; 3. That from 1999 to 2002 you have consistently indulged in extra-budgetary expenses contrary to Section 80 (2), (3) and (4) of the 1999 Constitution which act amounts to a gross misconduct to wit:

(a) Expenditure on the National Stadium Contract in excess appropriated sums. (b) Expenditure on the National Identity Card project. He authorised the spending of the sum of N9.5 billion vide letter of credit as against the sum of N5.9 billion cumulatively approved for the years 2001 and 2002 in the Appropriation Acts respectively. (c) He authorised the purchase of 63 houses and their furnishing for ministers in the year 2000 to the tune of N3,0 19,153,178.06 without any budgetary provisions in the 2000 Appropriations Act;

4. That in the year 2000, he authorised the deployment of military troops to Odi to massacre innocent citizens without recourse to the National Assembly contrary to Section 217(2) C of the 1999 Constitution which requires firstly for some conditions to be prescribed by an Act of the National Assembly for the use of the Military in that regard; 5. That in the year 2001, he without lawful authority authorised the deployment of military troops to Zaki Biam, which occasioned the murder of innocent citizens and the destruction of properties, contrary to Section 217(2) C of the 1999 Constitution which requires firstly for some conditions to be prescribed by an Act of the National Assembly for the use of the military in the regard.

6. That in the year 2002, he refused to fully implement the recurrent budget as it affects the salaries of staff and overheads for ministries contrary to the provisions of the Appropriation Act 2002, which amounts to gross misconduct; 7. That in the year 2002, he refused full payment of recurrent expenditure for the judiciary as it affects monies for the payment of salaries and overhead costs contrary to the Appropriation Act of 2002 which act amounts to gross misconduct, contrary to Sections 80(3) and 162(9) of the Constitution.

8. Eighth Allegation: (a) On or about the 31 st day of October 200 I, the office of the Accountant-General of the Federation issued two separate letters mandating the Governor, Central Bank of Nigeria, Abuja to debit CBN/NCC USD Account No.400938294 with Chase Manhattan Bank, New York in the sum of US$40 million (Forty million United States of America Dollars) and N 16,0 15,500,000.00 (Sixteen billion, Fifty-one million, Five hundred thousand Naira) without enabling legislation by the National Assembly.

(b) On or about the 31st day of October 200 I, the office of the Accountant-General of the Federation by the aforesaid letters mandated the Governor, Central Bank of Nigeria Pic. Lagos Account No.3582059979001 with Standard Chartered Bank N.Y., 7, World Trade Center in the sum of US$40 million (Forty million United States of America Dollars) and First Bank of Nigeria Pic. Account No.4000070 1-35 with Central Bank of Nigeria (CBN), Lagos in the sum of N 16,051 ,500,000.00 (Sixteen billion, Fifty-one million, Five hundred thousand Naira) without an enabling legislation by the National Assembly.

Ninth Allegation: That in spite of the coming into force of the 1999 Constitution, he continued to operate and maintain dedicated accounts in the Central Bank of Nigeria contrary to Section 80( 1) and 162( 1) of the Constitution. Example: Bank for International Settlement Account and Proceeds for Port Development charges account, among others.

Tenth Allegation: That he refused and neglected to pay in full the 13% derivation revenue to benefiting states contrary to Section 162 (2) of the 1999 Constitution,

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