Court orders NASS to commence impeachment process against Buhari

A court in Oshogbo, the Osun state capital, has ordered the National Assembly to commence impeachment process against President Muhammadu Buhari.

A Federal High Court presided over by Justice Maurine Adaobi Onyetenu gave the ruling in a suit demanding the National Assembly to impeach President Buhari.

In her ruling, the judge ordered the National Assembly to without any delay begin the process of impeaching Buhari.

Two Nigerians, Kanmi Ajibola, a lawyer and Sulaiman Adeniyi, a human right activist had in a suit they filed before the court, prayed it to enforce the National Assembly to impeach President Buhari.

Ajibola and Adeniyi had three months ago wrote to both chambers of the National Assembly on the need to impeach President Buhari.

They had cited alleged constitutional breaches by the president and threatened that they will approach the court if the lawmakers did not oblige their request.

After the lawmakers failed to harken to their prayer, the duo approached the court asking for an order of mandamus to compel both the Senate and the House of Representatives to commence the impeachment proceedings of President Buhari.

In the suit they filed on June 19, 2018, they centred their arguments on four grounds of why the National Assembly should impeach Buhari.

In an ex-parte motion, they argued that in flagrant violation of the 1999 constitution, Buhari contested election, won and was sworn in as the president on the 29th day of May 2015 without possessing the basic constitutional requirement, which would have made him qualified for the contest of the election.

They also said that the 4th respondent, which is President Buhari, in flagrant violation of section 137 (1) (j) of the 1999 constitution presented a forged certificate to the Independent National Electoral Commission (INEC) for the purpose of the 2015 presidential election that brought him to the office of the president

“In the light of the 4th Respondent’s placement to continue in the office as the president, he has no certificate and basic requirement upon which this placement to continue in the office can be placed,” they argued.

Also, the applicants claimed that Buhari has been treating the orders of the court with a great disdain and that he has been abusing the constitution of the Federal Republic of Nigeria at will, particularly from the angle of the observance of the Federal character as contained in section 14 of the constitution.

“The 4th Respondent on the 29th day of May 2015, took an oath of office, among others, to the effect that, he would rule in accordance to and protect the constitution of the Federal Republic of Nigeria, particularly section 14 (2) (b) which stipulates that the security and welfare of the people shall be the primary purpose of government.”

“In the contrary, the 4th Respondent has proved to be unable to guarantee the security of lives and properties of the citizens of the federal Republic of Nigeria in fulfillment of his oath of Office. The herdsmen killings of the innocent citizens under the 4th Respondent have been uncountable, unbearable and unprecedented overheating figures in the globe.

“The 4th Respondent in contravention of the due process and sections 80 and 81 of the 1999 constitution spent about $496 Million on the purchase of Tucano Jets without the approval of the National Assembly of the Federal Republic of Nigeria as required by the law.

“The 4th Respondent ordered to be withdrawn, money from the public fund of the Federation without the approval of the National Assembly or the authorization of its act and same used for the purchase of Tucano Jets.

“The 4th Respondent has committed several impeachable offences, that is, gross misconduct.

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“By the provision of section 143 of the 1999 constitution, the 1st to 3rd Respondents (The Senate President, the Speaker of the House of Representatives and the National Assembly) have the statutory duty to impeach the 4th Respondent as the president and Commander in – Chief of Armed Forces of the Federal Republic of Nigeria on gross misconduct.

“The 1st to 3rd Respondents have closed their eyes to the gross misconduct of the 4th Respondent,” they said.

Among other things, the applicants told the court that they have the right and duty to compel the 1st and 3rd Respondents to perform their statutory duty of impeachment against the 4th Respondent, having bothered on the constitution of the Federal Republic of Nigeria.

Ruling on the matter, Justice Onyetenu granted the application and ordered “that the National Assembly being the 1st, 2nd and 3rd respondents commence the impeachment of President Muhammadu Buhari”.

She then fixed hearing of the matter on October 30, 2018.

 

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