Posted by By Paul Odili on
NIGERIANS must begin to feel unease with the increasing evidence of constitutional violations by the federal government in Bayelsa.
NIGERIANS must begin to feel unease with the increasing evidence of constitutional violations by the federal government in Bayelsa. It is clear the federal government is using its muscles to provide cover for anti-Governor Diepreye Alamieyeseigha forces, to oust him from power. Getting rid of Alamieyeseigha to face justice, in the light of his audacious bail jump from London court, and the weight of allegations of financial mismanagement and corruption, is a legitimate aspiration of most Nigerians, and increasingly the people of Bayelsa state. But, notwithstanding the overwhelming desire of Ijaw people to put an end to the embarrassment of Alamieyeseigha's leadership of the state, the method to achieve this is important, and should be no less tidy.
Nigeria as everyone knows in theory operates a federal constitutional democratic government, with provisions on how Bayelsa can remove its kleptocratic leader from office, where such evidence is available. In the present case there is a slew of evidence that he abused his office, and violated the people of Bayelsa. Nevertheless, removing him from office as urgent and expeditious as is desired, the shutting down of the state radio station by federal authorities is a complete abridgement of the autonomy of Bayelsa state. The withholding of the state's monthly allocation is a declaration of war on the people of Bayelsa; because the money belongs to them and not to the Federal government. The recognition by the Federal government of Chief Goodluck Jonathan, as the Acting Governor is unconstitutional. In fact, Chief Jonathan by the action of the federal government has staged a coup d'etat and is now a satrap, whose legitimacy is derived from his dalliance with the federal government.
The points being made are no easy argument to put across, because of certain practical difficulties in removing Alamieyeseigha from office, if that is to be achieved quickly. To begin with, Alamieyeseigha, like many other governors including the President has appropriated the machinery of state, to become by themselves the state. In many respects, the Nigerian State is similar to 17th century France, when despotic rulers like Louis XIV at the height of his absolutism declared himself the state. One of the fundamental insights of Justice Chukwudifu Oputa's human rights commission is that security operatives under military dictators in Nigeria equated the head of state, as the state. Even in the present democratic system that assumption has not changed.
What is being explained here is, the impeachment process if left to run its course, without any external support stood no chance of succeeding. There is no way anyone could have removed Alamieyeseigha from office, even in the face of all the numbing evidence of abuse of office. The legislature, the judiciary, the party, has all become extension of the executive branch under Alamieyeseigha. He, like other governors, including the President, has suborned the independence of these other arms of government. In real terms and under the Constitution subverting the legislature is an impeachable act. In the first term, for instance, both the National Assembly and state legislatures tried to ensure that they had sufficient elbow room to operate; they were tamed by the executive branch.
Indeed, personification of states by leaders is perhaps one of the biggest tragedies of post-colonial African states. Constitutions mean nothing to them, and very frequently leaders do not feel their powers are circumscribed by it. Politicians would rather pledge loyalty to political leaders than to the Constitution. Alamieyeseigha did so recently, when he pledged his loyalty to the President than to the Constitution. And in many cases, leaders have got away with illegalities that would have earned them dismissal from office, but one of the first things they do is to ensure that strong institutions do not emerge to check them. By amassing and aggrandizing power, political leaders become the only locus of power in the state.
Alamieyeseigha's escapades have exposed the weakness of the present system. His escape from London, obviously left Obasanjo feeling very embarrassed, and at the same time powerless.
Because as the Constitution envisages it, Alamieyeseigha is also a sovereign in his own state, which is why the immunity clause offers him iron clad protection. Understandably, following the Governor Joshua Dariye's example, Obasanjo was no longer keen to play the role of a biblical indulgent father who would welcome his prodigal son with open arms. He has now decided to twitch the law here and there and if need be violate it to achieve his objective. That is wrong, and should be condemned. Indeed, for this writer, it would have been better for the people of Bayelsa to in one accord drive Alamieyeseigha from power, that way they would achieve two things. They would set standards for future leaders of the state. And secondly, they would recover the state from impostors, whose loyalty is not to the Constitution, but to themselves and their leaders. This is a more revolutionary step that would have a lasting effect, than a contrived Constitutional observance of an impeachment process.
And so, however it is looked at, a dangerous precedent is being set, which would become a template for future Presidents. The people of Bayelsa have to resist this, by taking the initiative to remove Alamieyeseigha themselves and not depend on federal might.
•Mr. Odili is a staff of Vanguard Newspapers.