Posted by From Kelvin Ebiri (Port Harcourt), Wole Shadare and Abiodun Fanoro (Lagos) on
THE controversy generated by the impeachment of the Oyo State governor, Rashidi Ladoja may be far from abating.
THE controversy generated by the impeachment of the Oyo State governor, Rashidi Ladoja may be far from abating.
The Nigerian Bar Association (NBA) has warned the executive arm of government against flagrant disregard of court orders and the constitution.
Also, Governor Chris Ngige of Anambra State has berated the Oyo State Chief Judge and the 18 lawmakers that initiated the impeachment process on Ladoja.
Meanwhile, renowned constitutional lawyer and chairman of the Patriots, Prof. Ben Nwabueze yesterday urged civil disobedience by Nigerians to remove President Olusegun Obasanjo from office.
The NBA President, Mr. Lanke Odogiyon stated this at the official commissioning of
the new court complex of the Court of Appeal in Port Harcourt, Rivers State. While commending the Federal Government for providing funds for the construction of the building, he however, noted that the responsibility of government does not end with the provision of funds.
Represented by the NBA National Legal Adviser, Kemasuode Wordu, he stressed that far more important than the provision of funds and facility was the government's sacrosanct responsibility to observe the rule of law and obedience to court orders. He described as heartrending and morally offensive the forceful eviction of the residents of the 1004 Flats in Lagos by the Federal Government contrary to a court order. To him, such executive recklessness was odious in a democracy.
"The unfolding event in Ibadan, Oyo State is another example. We must observe that both the government and the governed are bound to obey the law. The government does not have the choice as to which court order or law it should obey. All laws and court orders must be obeyed at all times," he said.
Citing the axiom that "the court is the last hope of the common man," the NBA President rhetorically asked if this was applicable in Nigeria? He also wondered if the courts in the country could really protect the common man against the weight of the government.
Ngige who was also a victim of a conspiracy to remove him from office described Ladoja's removal as a "rape on democracy".
The governor while fielding questions from reporters at the Murtala Muhammed Airport in Lagos said the Oyo State Chief Judge and the 18 legislators who masterminded Ladoja's removal should bury their heads in shame.
He regretted that all those who participated in the odious job have destroyed the instrument of their work.
He likened the whole process to a farmer going into the farm, and destroying everything he planted.
He added, "The constitution is the legal document. It is the supreme law of the land, and it is the same constitution that even created the legislature of Oyo State. So if they said that the constitution is no longer in existence, then I don't see them being there. They should go home."
Ngige explained that the whole issue was not about Ladoja but the violation of the constitution.
"When it happened in Anambra State, some people felt the whole issue was about Ngige. It is not about Ngige, it is the seat of the governor of the state I am talking about. How can you remove a governor sitting down there. It must be done in conformity with section 188 of the Constitution Section 1 to 9. You can't even remove or subtract or add anything there," he added.
He lamented that for the legislators to be "subtracting, amending, panel-beating" some areas of the constitution and suspending some legislators, alleging that they were no longer members smacks of a dangerous trend, portending danger to the democracy we are practising and even a pure danger to the existence of institutions of democracy.
Asked if the entire scenario was not backed by the Presidency, Ngige who arrived aboard a Sosoliso aircraft said the Presidency had denied its involvement in the entire saga.
He, however, agreed that an arm of the Federal Government like the Police was backing the deputy governor.
Nwabueze accused Obasanjo among others of "thoroughly subverting the Nigerian Constitution, which he swore to uphold as President of the country".
Addressing reporters on what he described as the precarious state of the Nigerian state, the professor of law said he shared Prof. Wole Soyinka's position on President Obasanjo by his perceived role in the on-going crisis in Oyo, had spoken and that it was time for Nigerians to speak back by way of getting him out of power.
The erudite lawyer said Nigeria today was a lawless state, but that he was more pained by the fact that the President had successfully subdued virtually all legal means of calling him to order or removing him from power, leaving the citizens with the last legitimate option of civil disobedience.
According to him, the National Assembly that had the constitutional power to impeach him had not only compromised at all fronts but had failed the country.
It was also his view that the other legal option, which is to vote out the government (President) would not work because they had perfected ways of rigging themselves back to power.
He said the President had also made up his mind not to listen to people with genuine advice, he cited how Obasanjo had twice in the last few months refused his The Patriot audience, even though he received their letters to that effect.
The President, he said had now branded The Patriots, a mis-guided critic. The Patriot chairman said efforts to check the President through the court had also failed as he only obeyed court orders at his own will.
The Constitutional expert said that the President selective obedience of court orders was not good for the rule of law and sustenance of democracy.
Speaking on the emerging drama in Plateau State, Nwabueze condemned the freezing of the state government's accounts.
He particularly frowned at the Exparte order granted by Justice Shuaibu of the Federal High Court, Lagos which empowered the Economic and Financial Crimes Commission (EFCC) to freeze the state government's accounts.
Faulting the order, he said it was an abuse of judicial power because it was not in conformity with the provisions of EFCC's enabling Act of 2004.