Impeachment, penalty for failure and incompetence – Part 2

On or about the month of July 2002, he issued a presidential order purporting same to constitute an amendment to the Revenue Allocation Act which action amounts to a violation of Section 162 (1) and (2) and Section 313 of 1999 Constitution which amounts to a gross misconduct. 3. That from 1999 to 2002 you have consistently indulged in extra budgetary expenses contrary to Section 80 (2), (3) and (4) of the 1999 Constitution which act amounts to a gross misconduct to wit: 

(a) Expenditure on the National Stadium Contract in excess appropriated sums. (b) Expenditure on the National Identity Card project. He authorized the spending of the sum of N9.5 Billion vide letter of credit as against the sum of N5.9 Billion cumulatively approved for the years 2001 and 2002 in the Appropriation Acts respectively. (c) He authorized the purchase of 63 houses and their furnishing for Ministers in the year 2000 to the tune of N3,0 19,153,178.06 without any budgetary provisions in the 2000 Appropriations Act. 

4. That in the year 2000, he authorized the deployment of military troops to Odi to massacre innocent citizens without recourse to the National Assembly contrary to Section 217(2) C of the 1999 Constitution which requires firstly for some conditions to be prescribed by an Act of the National Assembly for the use of the Military in that regard.
That in the year 2001, he without lawful authority authorized the deployment of military troops to Zaki Biam, which occasioned the murder of innocent citizens and the destruction of properties, contrary to Section 217(2) C of the 1999 Constitution which requires firstly for some conditions to be prescribed by an Act of the National Assembly for the use of the military in the regard. 

That in the year 2002, he refused to fully implement the recurrent budget as it affects the salaries of staff and overheads for Ministries contrary to the provisions of the Appropriation Act 2002, which amounts to gross misconduct.

That in the year 2002, he refused full payment of recurrent expenditure for the judiciary as it affects monies for the payment of salaries and overhead costs contrary to the Appropriation Act of 2002 which act amounts to gross misconduct, contrary to Sections 80(3) and 162(9) of the Constitution. 

8. Eighth Allegation:  (a) On or about the 31st day of October 200 I, the office of the Accountant-General of the Federation issued two separate letters mandating the Governor, Central Bank of Nigeria, Abuja to debit CBN/NCC USD Account No.400938294 with Chase Manhattan Bank, New York in the sum of US$40 million (Forty million United States of America Dollars) and N16,0 15,500,000.00 (Sixteen billion, Fifty-one million, Five hundred thousand Naira) without enabling legislation by the National Assembly. 

(b) On or about the 31st day of October 200 I, the office of the Accountant-General of the Federation by the aforesaid letters mandated the Governor, Central Bank of Nigeria Pic. Lagos Account No.3582059979001 with Standard Chartered Bank N.Y., 7, World Trade Center in the sum of US$40 million (Forty million United States of America Dollars) and First Bank of Nigeria Pic. Account No.4000070 1-35 with Central Bank of Nigeria (CBN), Lagos in the sum of N 16,051 ,500,000.00 (Sixteen billion, Fifty-one million, Five hundred thousand Naira) without an enabling legislation by the National Assembly. 

Ninth Allegation: That in spite of the coming into force of the 1999 Constitution, he continued to operate and maintain dedicated accounts in the Central Bank of Nigeria contrary to Section 80(1) and 162( 1) of the Constitution. E.g. Bank for International Settlement Account and Proceeds for Port Development charges Account among others. 
Tenth Allegation: That he refused and neglected to pay in full the thirteen % derivation revenue to benefiting states contrary to Section 162 (2) of the 1999 Constitution, an act which amounts to gross misconduct. 

Eleventh Allegation: That Mr. President has refused to appoint a Minister of Petroleum Resources which action has occasioned the following violation:  (a) That since inception of this Government in 1999 Mr. President refused, failed and or neglected to appoint a Minister of Petroleum Resources contrary to the Petroleum Act cap 350, laws of the Federation as amended by the Petroleum (Amendment) Act of 1996 and Petroleum (Amendment) Act No. 22 of 1998 and thereby authorising the performance of or performing yourself the functions of the Minister of Petroleum Resources. (b) That in breach of Section 9(I) d III laws of the Federation 1990 appointed the Committee which has increased the prices of petroleum products which function is that of a Minister of Petroleum Resources under the said Act, which Act constitutes a gross misconduct. (c) That a process of establishing refineries through bidding was established and provisional licenses were issued without the approval of the Minister of Petroleum as required by 3(I) of the Petroleum Act which action amounts to gross misconduct. 

Twelfth Allegation: That Mr. President has unilaterally cut across board all overhead costs contained in the 2002 Appropriation Act by 50 % without recourse to and approval of the National Assembly contrary to Sections 80(3) and (4) of the 1999 Constitution. 

Thirteenth Allegation: That Mr. President has unilaterally merged the Federal Road Safety Commission, a body established by an Act with the Nigerian Police without a Bill for an Act to harmonise the two bodies, or repeal the FRSC Act. 

Fourteenth Allegation: That Mr. President has, without an enabling Act merged the Nigerian Bank for Commerce and Industry (NBCI), the National Economic Reconstruction Fund (NERFUND) and the Nigerian Industrial Development Bank to form the Bank of Industry while the Acts establishing the said institutions are still valid and subsisting.  Fifteenth Allegation: That Mr. President merged the People’s Bank of Nigeria, Family Economic Advancement Programme, both bodies established by law under and the Nigerian Agricultural and Co-operative Bank to form the Nigerian Agricultural and Rural Development Bank without legislative authority. 

Sixteenth Allegation: That in the year 1999, Mr. President appointed Mr. Musiliu Smith as Inspector-General of Police without consultation with the Police Council, contrary to the 1999 Constitution. Seventeenth Allegation: That Mr. President caused the appointment of, and service as Acting Auditor-General of the Federation for a period exceeding six months without Resolution of the Senate contrary to Section 86(3) of the 1999 Constitution which act amounts to gross misconduct. 

On September 5, 2002, President Obasanjo, GCFR, made a reply to the seventeen allegations. He declared “I am happy to present my explanations to you not only because it is but also because I have absolute confidence in your integrity and objectivity. Your courage, your experience, your patience, your dedication to our Party and to our country and your understanding of our strength and weaknesses will enable you to appreciate the responses which I now make to the questions that have been raised. I assure you that I am not angry with the complainants and so I shall presents my points dispassionately. From me you shall hear nothing but the truth. All that I have done I have done according to the law. All that I have done I have done in the best interest of our great country. I have not deliberately violated the law or the constitution and I have not sought personal gain. I am not accused of corruption or misuse of my power. 

In a country as complex and complicated as ours no single man or woman can have all the answers. It is for this reason that I have always consulted widely and been pen to suggestions from all quarters. Nevertheless, the ultimate responsibility for the governance of the country is mine and it is I who must answer when questioned like now and before the bar of the public.”

To be continued tomorrow