Amid rising criticism over the perceived illegal removal of Simon Achuba as deputy governor of Kogi State, former Chief of Staff to Kogi State governor, Edward Onoja, yesterday took the oath of office as the new deputy governor of the state. He was sworn in by the Chief Judge of the state, Justice Nasiru Ajanah, who had earlier set up a committee that cleared Achuba of allegations of gross misconduct levelled against him.
However, despite being cleared by the panel, headed by Mr. John Baiyeshea (SAN), the state House of Assembly summarily removed Achuba, contrary to Section 188 (8) of the 1999 Constitution (as amended). Section 188, subsection 8 reads: “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.”
A towering babel of dissenting legal voices have condemned Friday’s removal of Achuba from office, describing the action as unfortunate and a setback on Nigeria’s democracy. The lawyers were unanimous in their condemnation of the action of the Kogi State House of Assembly, which was accused of ignoring the constitution in removing Achuba from office. According to the lawyers, the removal carried out contrary to the findings of the panel was illegal, null and void and is bound to fail.
The lawyers explained that the law bars the Kogi State House of Assembly from taking any further step against the former deputy governor once the panel set up to investigate him was unable to indict him of the allegations of gross misconduct levelled against him.
If the investigation committee exonerated Achuba, then there is no removal known to law. The lawyers urged Achuba to seek redress from the court, and lamented that the incident had brought to memory the ignoble removal from office that characterized the beginning of the 4th Republic and called on the judiciary to urgently rise to the rescue of the nation’s democracy.
A human rights activist and lawyer, Chief Mike Ozekhome (SAN), stated that the action of the legislators amounted to an illegality based on the fact that the chairman of the investigative panel had publicly announced that the allegations against the former deputy governor were not proved. Ozekhome added that for the deputy governor to be removed from office, the relevant provisions of the law must be followed to the letter.
Another senior lawyer, Akinlolu Kehinde (SAN), described the removal of Achuba by the state legislators was illegal, adding that their actions portrayed a blatant disregard for the Nigerian constitution. Kehinde said the action of the legislators, which came barely an hour after the panel, which investigated Achuba on alleged act of misconduct exonerated him of the charges, was enough evidence that the legislators were on a voyage to ridicule the nation’s democracy.
“It is grossly illegal and smacks of blatant abuse and denigration of the constitution. It’s very clear that the whole removal exercise was a premeditated charade and it has further shown that the actors are out to keep ridiculing our constitutional democracy.
Achuba has since described his purported removal by the State House of Assembly as unconstitutional.
The embattled former deputy governor at a press conference shortly after moving out of the official residence of the deputy governor in Lokoja, had said swearing in anyone else would amount to continuation of illegality being perpetrated by Governor Yahaya Bello.
Baiyeshea had clarified that his committee did not indict him because it could not prove the allegations levelled against him. However, despite the outrage and the perceived illegality in the removal of Achuba, Onoja was yesterday sworn in to replace him. Ajanah administered the oath of office on the new deputy governor at the Banquet Hall of the Lugard House, Lokoja.
In his speech, Bello charged the new deputy governor to sustain his quality of service that brought him to limelight. He said: “It is good to be good. My joy today has no bound because the swearing-in of my former chief of staff as my second-in-command is historical. The journey between me and my twin brother, Edward David Onoja that has brought us to where we are now didn’t just start today.” The governor expressed optimism that with the combination of him and his new deputy, Kogi State will enjoy more turnaround of its fortunes.
The Speaker of state House of Assembly, Hon. Matthew Kolawole, said the lawmakers, after a critical look into the report submitted to the House by the judicial panel that investigated the allegations of gross misconduct against Achuba, found him guilty of the offence that had led to his removal. The House also followed due process in the screening and confirmation of the new deputy governor, he added.
Onoja thanked Bello for finding him worthy for the elevation and also appreciated the state House of Assembly and the chief judge for standing up to their constitutional obligation under the ominous situation that saw him emerge as deputy governor. Onoja expressed gratitude to God for the mistakes of Achuba, which paved the way for him being picked to occupy the exalted position.
But the main opposition PDP dismissed Onoja’s swearing-in as a nullity. The party was also exasperated that Justice Ajanah, who set up the panel that had earlier acquitted Achuba of any misconduct, could lent himself as a willing enabler of the plot by Bello to force out Achuba. PDP said in a statement by its National Publicity Secretary, Kola Ologbondiyan, that the action of the Kogi chief judge has jeopardised the integrity of the judiciary and capable of bringing the institution to public disrepute.
According to the PDP, this is a clear demonstration of the reprehensible and sacrilegious design by Bello to corrupt the institution of the judiciary, cause a constitutional crisis, trigger mayhem and derail the smooth conduct of the November 16 governorship election in the state. The party urged the Chief Justice of Nigeria (CJN), Justice Mohammed Tanko, to take immediate steps to save Kogi State from plunging into anarchy and chaos.
