Posted by Ndubuisi Ugah, This Day Online on
The unending drama that has come to be part of the nations polity continued on Tuesday when 17members of the embattled Bayelsa State House of Assembly appeared in Lagos, to address a press conference, saying they have served impeachment notice to thier governor, who jumped bail in London on Monday. Ndubuisi Ugah, who was at the hurriedly assembled press briefing reports.
The unending drama that has come to be part of the nations polity continued on Tuesday when 17members of the embattled Bayelsa State House of Assembly appeared in Lagos, to address a press conference, saying they have served impeachment notice to thier governor, who jumped bail in London on Monday. Ndubuisi Ugah, who was at the hurriedly assembled press briefing reports.
Predictably, the political drama in the oil rich state of Bayelsa continued with a fresh dimension that may quicken the whole process either for good or for worse. What looked like the final scene of the drama was introduced in Lagos on Tuesday with a disclosure from some members of the Bayelsa lawmakers that an impeachment notice has been served on their governor Chief DSP Alamieyesigha.
The State House of Assembly, in a move believed to be the final onslaught told journalists that it has served Alamieyeiseigha with an impeachment notice, which he was expected to either resign or respond to within 14 days.
The move, which THISDAY checks revealed, may have put paid to the long month of anxiety and suspense, which Bayelsans and Nigerians in general had long expected, considering the enormity of the charges levelled against Alamieyeiseigha in London before his dramatic return to the country early monday morning.
From the manner the press briefing was convened, suggested that all was not well in the state, it was a commando like show as journalists, who were invited for the press briefing were first assembled in guest House off Bishop oluwole street in Victoria Island before they were taken to the eventual venue.
THISDAY gathered that the impeachment notice, served was endorsed by 17 out of the 24 members of the State House of Assembly, and the governor is expected to either resign or react to the petition within 14 days.
Suprisingly, the lawmakers also called on the Inspector General of Police (IGP) and other law enforcement agents to look into the issue of alleged threat to their lives by agents of the governor, adding that Yenagoa is in turmoils and their actions was guided by the need to restore sanity to the state.
The notice, which is coming barely 72 hours, after Alamieyeiseigha's dramatic return to the country, is not unconnected with the threat from the iEFCC that it will do all things possible to ensure that the runaway governor returns to London to answer to the charges before him. Not a few believe that the lawmakers instigated by the Economic and Financial Crimes Commission (EFCC).
The Assembly said the money laundering charges, was the height of embarrasment from Alamieyeigha and a gross misconduct unbecoming of a chief executive officer of a state.
But addressing newsmen in Lagos tuesday, the Speaker of the House of Assembly, Hon. Ebebi Peremobowei, said the impeachment notice was resorted to after considering the gravity of the action of the governor, which was in tandem with the wishes and aspiration of Bayelsans.
The Assembly said, as a result of the consequence of the charges against the governor, which ranged from money laundering, jumping of bail, frequency in his overseas trips among others, it was therefore, inevitable not to serve him with the impeachment notice.
Peremobowei, who was flanked by his deputy, Hon. Bright Erewari and eight other lawmakers, said the Assembly decided to serve the impeachment, following what he described as "the embarrasment, which Governor Diepreye Alamieyeiseigha has brought to the people of Bayelsa and Nigeria in general".
According to him, "you are all aware of the events in Bayelsa, how our governor was arrested, how he escaped and has now become a fugitive".
Continuing, the Speaker said "the House got a report from the Economic and Financial Crimes Commission (EFCC), where it mandated us to look into the development concerning the governor", adding that after "we looked at the report, the Assembly decided that we should serve him the impeachment notice on eight grounds".
He noted that the notice was with the support of 17 out of the 24 lawmakers in the Assembly, stating that the number constitutionally was more than the 2/3 expected for such a process.
Recalling what made the lawmakers relocate to Lagos for the press briefing, Peremobowei said while they were about serving him (Alamieyeiseigha) the impeachment notice, the security situation in the state capital, Yenogoa changed.
"And before it (impeachment notice) could be sent to him, the security situation changed in Yenogoa. We have served him the notice and we expect him to resign or react to the notice by sending to my office (Speaker) within 14 days for the normal constitutional process to take place", he stressed.
He expressed regret that a person in Alamieyeiseigha's calibre could through his action bring the reputation and integrity of the nation to disrepute, stating that " a man, who disgused as a woman should not be fit to be the governor of the state".
Asked why it took this long before such an impeachment notice could be served, Peremobowei said "we were agitated, while he was in London that he should resign but he refused only for him to return the way he did".
The Speaker noted that whatever the action they may have taken was with the support and blessings of Bayelsans, adding that "they were aware that Nigerians were waiting to see what they were going to do which was why they decided to take the path of serving him the impeachment notice, which was not under any influence from any quarters".
He hinted further that "Bayelsan could no longer fold their hands and watch the disrespectful actions of the governor and the unfolding developments in the state".
Corroborating what the Speaker said, Erewari, who is the deputy speaker said they did whatever they did in the interest of the state, stating that though Alamieyeiseigha is like a father to them, sentiments and personal relationship should be set aside.
To underscore the constitutionality of their actions, Peremobowei said they acted within Section 188 of the 1999 Constitution, which states as follows: "
The members who signed the notice are: Hon. Ebebi Peremobowei (Speaker); Hon. Bright Erewari (Deputy Speaker); Hon. Osomu Augustus Elliot; Hon. Nelson Belief; Hon. Dein Benadoumene; Hon. (Chief) Adolphus E. Ofongo; Hon. (Chief) Arthur Apeti; Hon. Seigbarugu Wernipre; Hon. Robert Enogha; Hon. Franklin Otele; Hon. Fanama Emomotimi; Hon. Kalabo Hawkin; Hon. Etebu Amakiri; Hon. Otobo N. Opusiri; Hon. Youssou Amakayo; Hon. Jephthah Foingha and Hon. Nadu Keinbi.
But before the impeachment notice was announcement, via the press briefing addressed by Peremobowei, reports from Yenogoa, indicated that the Assembly's sitting scheduled for Tuesday could not hold.
It was also gathered that as at 11am, when THISDAY left the Assembly Complex, Amarata, Yenagoa, the parking lot in the premises was bereft of official cars of the lawmakers, just as most of them were not sighted anywhere within and outside the complex.
In another development, most of the governor's loyalists who faded out of public glare apparently avoiding the dragnet of the Economic and Financial Crimes Commission (EFCC), and other security agencies, have resurfaced.
These include members of the State Executive Council, the former Speaker of the House, Hon. Boyelayefa Debekeme and his deputy, Hon. Jepthan Foingha, as well as the Special Adviser to the Governor on Youths, Government House, Transport and Logistics, Chief Ebel Ebifemowei.
Others include co-ordinator of the state government security outfit, Bayelsa Volunteers, Ebifemowei, who it was gathered is also the head of the 'cartel,' a political group responsible for the appointment and election of several officials at the local, state and national levels.
At Government House, Yenagoa Tuesday Debekeme and Ebifemowei were seen in the company of close aides and loyalists as they mingled in the huge crowd that have made the state seat of power their permanent abode, since the dramatic return of the governor.
But the opposition camp yesterday, organized a protest against the governor and his administration. Some youths sang anti- Alamieyeseigha songs, saying he should go back to London to answer his court case. The youths who moved on the Yenagoa - Mbiama road, told whoever cared to listen that the governor has lost the moral basis for remaining in office.
Trouble however, started when a fight broke out over the sharing of some money said to have been given to them for the protest march. They did not only fight over the cash which was in various denominations, but they also chased away the man who was distributing the money, calling him "thief".
Notice of Impeachment
We the undersigned Honourable Members of the Bayelsa State House of Assembly hereby give you NOTICE that His Excellency CHIEF D. S. P. ALAMIEYESEIGHA (J.P) is guilty of GROSS MISCONDUCT in the performance of the functions of his office, which renders him liable to be IMPEACHED from office. PARTICULARS of the various acts constituting the GROSS MISCONDUCT are as follows:
• Involvement in money-laundering occasioning his arrest and investigation by officers of the Metropolitan Police, London culminating in his current trial on charges of money-laundering in the United Kingdom with prospects of being convicted and sentenced to prison in the United Kingdom. This constitutes an unacceptable embarrassment to the people of Bayelsa State.
• Freedom of movement restricted to his home in United Kingdom far removed from his Constituency, Baye1sa State of Nigeria with the result that he is incapable of discharging his constitutional functions as Governor of Bayelsa State thus necessitating the appointment of his Deputy as Acting Governor by the State House of Assembly.
•Under investigation for grave and damaging allegations of fraudulent and corrupt self-enrichment by the Economic and Financial Crimes Commission (EFCC) and other appropriate security agencies in Nigeria.
•Maintaining foreign bank accounts while in office in the following banks viz: (i) BARCLAYS BANK PLC, LONDON (ii) NATIONAL WESTMINSTER BANK, LONDON (iii) ROYAL BANK OF SCOTLAND (iv) COMMERZ BANK, LONDON contrary to the clear provisions of Paragraph 3 of the Fifth Schedule (Part 1) of the Constitution of the Federal Republic of Nigeria 1999 the provisions of which he swore on oath to uphold. •Corrupt enrichment of his wife and children namely: MR. ENETONBRA ALAMIEYESEIGHA, MR. SELEAKE ALAM1EYESEIGHA, and MISS EMBELEAKPO ALAMIEYESEIGHA as disclosed by the Economic and Financial Crimes Commission in its report on investigations into allegations of criminal diversion of public funds by CHIEF D. S. P. ALAMIEYESEIGHA, Governor of Bayelsa State. •Failing, refusing and/or neglecting to formally notify the Government of Bayelsa State particularly the Bayelsa State House of Assembly of his arrest, detention, arraignment and trial in court in London for the offence of money laundering but instead deceptively wrote to the Bayelsa State House of Assembly a letter obviously back-dated to the 1st day of September, 2005 requesting to be away for 120 days to enable him recuperate from a surgery he underwent in Germany, thus deliberately and mischievously attempting to keep away from the Government and people of Bayelsa State the fact of his arrest, detention and trial in London of money-laundering charges a fact that is now household knowledge all over the world. •Criminal diversion and misappropriation of public funds to facilitate his acquisition of (a) One billion Naira shares in Bond Bank PLc by private placement. (b) Purchase of Chelsea Hotel, Abuja for the sum of Two billion naira (c) Acquisition of £ 1 0 Million worth of properties in London. •Making false statement in his Declaration of Assets and Liabilities as the Governor of Bayelsa State to the Code of Conduct Bureau in breach of the provisions of paragraph 11 (2) of the Fifth Schedule (part I) of the Constitution of the Federal Republic of Nigeria, 1999. Enclosed herewith and marked as ANNEXURE BYHA 1 is a copy of the report and or findings of the Economic and Financial Crimes Commission (EFCC) on investigations into allegations of criminal diversion and misappropriation of public funds against CHIEF D. S. P. ALAMIEYESEIGHA (J.P) Governor of Bayelsa State. We hereby adopt the findings therein as particulars of the acts of Gross Misconduct we have alleged in the NOTICE OF IMPEACHMENT.
We trust that you will take appropriate action on this matter in accordance with the provisions of Section 188 (2) (b) of the Constitution of the Federal Republic of Nigeria, 1999.
What the Constitution Says
Section188.( I) The Governor or Deputy Governor of a State may be removed from office in accordance with the provisions of this section. (2) Whenever a notice of any allegation in writing signed by not less than one third of the members of the House of Assembly -
(a) is presented to the Speaker of the House of Assembly of the State;
(b) stating that the holder of such office is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified, the Speaker of the House of Assembly shall, within seven days of the receipt of the notice, cause a copy of the notice to be served on the holder of the office and on each member of the House of Assembly, and shall also cause any statement made in reply to the allegation by the holder of the office, to be served on each member of the House of Assembly.
(3) Within fourteen days of the presentation of the notice to the Speaker of the House of Assembly (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice), the House of Assembly shall resolve by motion, without any debate whether or not the allegation shall be investigated.
(4) A motion of the House of Assembly that the allegation be investigated shall not be declared as having been passed unless it is supported by the votes of not less than two-thirds majority of all the members of the House of Assembly.
(5) Within seven days of the passing of a motion under the foregoing provisions of this section, the Chief Judge of the State shall at the request of the Speaker of the House of Assembly, appoint a Panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provided in this section.
(6) The holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person or be represented before the Panel by a legal practitioner of his own choice.
(7) A Panel appointed under this section shall -
(a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by the House of Assembly; and
(b) within three months of its appointment, report its findings to the House of Assembly.
(8) Where the Panel reports to the House of Assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter.
(9) Where the report of the Panel is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report, the House of Assembly shall consider the report, and if by a resolution of the House of Assembly supported by not less than two-thirds majority of all its members, the report of the Panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.
(10) No proceedings or determination of the Panel or of the House of Assembly or any matter relating to such proceedings or determination shall be entertained or questioned in any court.
(11) In this section -
"gross misconduct" means a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion in the House of Assembly to gross misconduct.