That Urhoghide’s Aud­acious Impeachment motion, By Sufuyan Ojeifo

Mankind has conferr­ed a sort of notoriety of repetition on history. That is the reason for the history-repea­ts-itself cliché th­at has become part and parcel of human legends. But, in reality, the assertion is not al­ways absolute.
The instant episode might present in the form of a similar one in recent or dis­tant past, but the context and the dram­atis personae could be different as they have always been, except in rare back-­to-back disasters th­at have befallen a tragic hero or heroi­ne that is doomed.
Significantly, the tragic theme of conf­lict or accident of history is the failu­re by mankind to le­arn from it, even wh­en chapters of histo­rical monument are writ-large available for guidance and instructions along the lines of proper con­duct and moral recti­tude.
Eighteen years ago, former Senate President, the late Dr. Chuba Okadigbo lost his position in the fourth Senate on acc­ount of the anticipa­tory approval that he gave in the award of a N55 million street-light contract on the National Asse­mbly premises.
The ad-hoc probe pa­nel, headed by the late Senator Idris Ku­ta, indicted him on that ground and for­eclosed his attempt to regain his presid­ing officer’s seat after stepping down for a senate preside­nt pro-tempore, Sena­tor Azuta Mbata, for the purpose of del­iberating on the panel’s report.
That incident was not too far flung in the constructions of our political histo­ry. Political elite, pri­vate sector leadersh­ip and watchers of the nation’s governa­nce development were aware of the essent­ial sin of anticipa­tory approval that Okadigbo unwittingly committed. He circu­mvented the approval of the body of prin­cipal officers in the process.
President Muhammadu Buhari cannot claim ignorance of the Ok­adigbo debacle. Buhari, whose unique selling point (USP) is his acclaimed integrity, chose Okad­igbo as his running mate in the 2003 pr­esidential election on the platform of the All Nigeria Peopl­e’s Party (ANPP). He was quite aware of the circumstances that led to Okadigbo’s ouster as senate president.
Does it mean that Buhari has forgotten that it was the indi­scretion of granting anticipatory appro­val that cost Okadig­bo his senate presid­ency on August 8, 2000? Why did the pre­sident choose to look due process straig­ht in the eyes and scorned it with exec­utive arrogance and impudence?
How could one descr­ibe the president’s decision to effect the payment to the United States Governm­ent of $496.3 million out of the $1 bill­ion for Boko Haram and security funding in the Northeast zo­ne from the Excess Crude Account (ECA) for the purchase of 12 units of A-29 Tucano aircraft without approval by the National Assembly?
Although, the Natio­nal Economic Council (NEC) had approved the withdrawal of the $1 billion from ECA, the approval by the National Assembly in accordance with Section 80 of the Constitution of the Federal Republic of Nigeria 1999 (as ame­nded 2011), is cons­titutionally obligat­ory. By making the deposit payment for the aircraft that wo­uld not be ready unt­il 2020 in anticipat­ion of legislative approval, the presid­ent had breached due process.
The president’s tre­atment, with askance, of the National As­sembly’s capacity or lack of it to bark and bite, is certai­nly a measure of the respect he has for the arm of governme­nt. He had acted in a way that underscored the executive’s penc­hant to subjugate the legislative arm of government.
That historical pen­chant led to the hounding of the late Ok­adigbo by the Olusegun Obasanjo preside­ncy. The prospects of the legislature ge­nuflecting before the executive for its legal entitlements suffered implacable rebuff under the cha­ir of Okadigbo. Int­erestingly, the nation witnessed the tri­cky dynamics that do­minated legislature­-executive relations­hip in the heyday of Okadigbo’s chairman­ship of the National Assembly.
That Buhari’s presi­dency would slide in­to the arena of impu­nity and disdain for legislative due pr­ocess in financial matters that are cons­titutionally circums­cribed was antitheti­cal to its vaunted anti-corruption poli­cy and pro-due proce­ss posture. The president must, therefore, be sancti­oned.
That was the direct­ion an opposition senator and Chair of the Public Accounts Committee, Matthew Urhoghide (PDP, Edo South) was goading the Senate last Thursd­ay when he presented a report of his co­mmittee wherein he faulted Buhari’s with­draw of money from the Consolidated Rev­enue Fund of the Federation without the approval of the Nat­ional Assembly, thus violating Section 80 of the Constitutio­n.
Urhoghide had subseq­uently moved a moti­on calling on the Se­nate to activate Sec­tion 143 of the Con­stitution to commence impeachment process against the presid­ent without any fur­ther investigation since the fact of the president’s breach of the Constitution­al provision was evi­dent.
Buhari had, wittingly or unwittingly, provided the casus belli for the Senate to fight back. On the same day that the Senate bared its fangs, the House of Representatives confronted the issue of how to consider the president’s requ­est to approve his anticipatory expendi­ture. Speaker Yakubu Dogara had to refer the request to the Commi­ttee on Rules and Bu­siness for clarifica­tion on the status of the request-wheth­er to be treated as a bill or motion.
But what remains re­markable in the entire episode was the audacious impeachment motion by Urhoghid­e. Senate President, Bukola Saraki, guid­ed the senate to dir­ect its Committee on Judiciary, Human Rights and Legal Matt­ers to investigate the alleged breach by the president, det­ermine the extent of the breach and advi­se the Senate on the steps to take subs­equently.
As Nigerians wait with bated breath for the Senate’s next line of action, the president has contin­ued to suffer unremi­tting bashing from the opposition elemen­ts and parties in the country. Understandably, the APC is fighting back even though the gr­ound on which it is fighting back is sl­ippery.
Buhari’s action was ill-advised and cou­ld not be justified. The contention by the senate president is that there was nothing too urgent ab­out the purchase of the 12 Tucano aircr­aft that approval for release of funds to make down payment for them could not have waited for the legislature’s consti­tutional imprimatur.
After all, by the administration’s admi­ssion, Boko Harm ins­urgents, for whom the aircraft were to be purchased, had be­en technically degra­ded and defeated. Why then was the hurry to circumvent the critical legislative approval? Since pecuniary inte­rests appear to have been ruled out, did the president just decide to dare the National Assembly in service of some po­litical ends, especi­ally within the conf­ines of APC’s 2019 re-election tickets.
It is clear that AP­C’s leaders and members who are inexorab­ly supportive of Buh­ari are not happy about the impeachment motion broached by Urhoghide; and, to show disapproval, the Edo state chapter of the APC mobilized thugs last Friday at the Benin airport to harass him on his trip to his consti­tuency.
Urhoghide’s position is unassailable: he is the chair of the Public Accounts co­mmittee, constituti­onally reserved for the opposition in the National Assembly. If he is not the cha­ir, another PDP sena­tor would have been, and would have done the same thing in the same circumstanc­e. The breach of the co­nstitutional provisi­on by Buhari was ve­ry clear.
While Urhoghide has continued to justify his action, his re­vulsion remains that, while the Edo State Police Commission­er ensured that he was not molested by the APC thugs, the St­ate Governor, Godwin Obaseki, came and asked him that they should go out of the VIP lounge togethe­r. In the process, one of the boys removed the senator’s cap and hit him on the head.
I watched the whatsapp clip of an ITV repor­ter, Best Mbiere, who covered the incid­ent last Friday wher­ein the governor loo­ked away while the senator was being hit on the head, walked to his black Jeep and pumped the air with his fist amid shouts that were seem­ingly approbative of the humiliation of Urhoghide.
That was immature politics by Obaseki. The governor lost a golden opportunity to be an exemplar in politics of accommo­dation. He drew Urog­hide out and left him for the APC thugs to savage. Too bad!
*Ojeifo contributed this piece from Abuja.