Putting it differently, it is trite law that except by legislation, neither the National nor a State Assembly can compel or restrain the performance of an action. Resolutions passed by the legislature in Nigeria have only persuasive effects and disobedience of same cannot give rise to legal sanctions.
Therefore, supposing without conceding, that the maintenance of the poultry farm by the deputy governor is wrong, it would not amount to gross misconduct because the resolution of the House is neither binding nor legally enforceable. As such, the House cannot impute or manufacture gross misconduct from such non-compliance with her resolutions.
If indeed the governor is equally maintaining a poultry farm at his official residence as alleged, how come that no impeachment proceedings has been commenced against him? The deputy governor ought in my opinion to be commended for his interest in agriculture. This is rare in a country where politicians are corrupted by crude oil money. Notably, the Code of Conduct for public officers under our Constitution prohibits a public officer from engaging in profit making ventures, except agriculture. So what is the cacophony about? [eap_ad_1] On the second allegation, the Section 193 (1) of the Constitution which the House claimed Mr. Onyebuchi violated merely enables a governor to delegate responsibility to his deputy and commissioners. It states thus:
“The Governor may in his discretion, assign to the Deputy Governor or any Commissioner of the Government of the State responsibility for any business of the Government of that State, including the administration of any department of Government”
Again, supposing without conceding that the deputy governor had defied the directive of the governor to represent him at occasion(s), that will not amount to an impeachable offence. The reason is simple, under the Constitution ( See. Section 188 (2) (b) ) a governor or deputy governor can ONLY be removed from office for gross misconduct.
On the meaning of gross misconduct, Section 188 (11) of the same Constitution provides as follows:
“a GRAVE violation or breach of the provisions of this Constitution or a misconduct of such a nature as amounts in the opinion of the House of Assembly to gross misconduct” (emphasis mine).
It is humbly submitted that the mere refusal or inability of a deputy governor to perform the responsibility of representing the governor at one or few functions CANNOT amount to a grave violation of the Constitution within the meaning and contemplation of Section 188 (11) of the Constitution. Such refusal must be wilful and persistent.
If actually governor Sullivan Chime did not officially and personally assign his deputy the responsibility of representing him before he proceeded on vacation on June 9, 2014 as stated by Mr. Onyebuchi, then the whole talk about him not representing the governor during that period of vacation is senselessly indefensible. Are there no protocols in government anymore? If someone has to be in the dock over this, it is Chime himself for treating his deputy with disdain.
It has been reported in the media that the governor is rooting for the impeachment of his deputy so that he can replace him with his Chief of Staff, Ifeoma Nwobodo, and to pave way for the latter’s election to the Senate in 2015. Whatever the motive may be, it is insatiable and condemnable.
It is indeed very shameful that the wife-beater and vacation prone governor of Enugu State who was away from the state for months last year without transmitting a letter to the House of Assembly to enable his deputy assume office as Acting Governor, pending his return, as provided for in the Constitution will now have the effrontery to instigate the removal of the same deputy who despite being undermined, remained loyal and stood-in for him.
Of course, what should we expect from a man who unlawfully imprisoned his wife and turned her into a slave-girl. This is a man that God has been very benevolent to; health wise. A man whose political career has been largely assisted and enhanced by the goodwill of men. What ingratitude, what a disdain for humanity and even God.
It is indeed a very historic but appalling appetite for political witch-hunting that non of the two imbecilic allegations against Mr. Onyebuchi bordered on corruption or financial misconduct.