WHETHER OR NOT THERE IS DUE COMPLIACE WITH THE PROVISIONS OF SECTION 188 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 AS AMENDED IN IMPEACHING HIS EXCELLENCY ALH. SANI ABUBAKAR DANLADI AS THE DEPUTY GOVERNOR OF TARABA STATE PART ONE: SECTION 188(1): “The Governor or Deputy Governor of a State may be removed from office in accordance with the provisions of this section”. FACT OR FALLACY? The procedure and process guiding the impeachment of a Governor or Deputy Governor of a State is spelled out clearly in section 188 (1-9) of the Constitution of the Federal Republic of Nigeria 1999 as amended. Subsection 1 of the section as quoted above requires the strict and mandatory compliance with the procedure and process of the impeachment that follows it i.e. subsection 2-9, failure to comply or breach any or all of the provisions of section 188 no matter how partial or substantial it may appear to be renders the impeachment invalid, unconstitutional, null and void as far as Subsection (1) is concerned. Let us now examine from the Constitutional point of view, relevant laws and plethora of decided cases on whether or not the Taraba State House of Assembly are in total compliance with the provisions of Section 188 (1-9) of the Constitution of the Federal Republic of Nigeria 1999 as amended in Impeaching His Excellency, Alh. Sani Abubakar Danladi from office as the Deputy Governor of Taraba State. Right from the start, this particular subsection gave His Excellency, Alh. Sani Abubakar Danladi the right to challenge the procedure and process followed by the Taraba State House of Assembly in impeaching him. Therefore, His Excellency, Alh. Sani Abubakar Danladi is fulfilling his constitutional duties and rights in challenging the entirety of the procedure and process before the court of law after noticing that there is a foul play in the process and procedure which is tantamount to raping the supreme doctrine of the land and jeopardizing the nascent democracy. Indeed, this onerous task that is worthy of applaud by all citizens of Nigeria was commenced the moment he was served with the notice of impeachment when he approached the Taraba State High Court and instituted a case against the Taraba State House of Assembly and its then Speaker Hon. Istifanus Gbana challenging them of violating the provisions of Section 188 of the Constitution of Nigeria through a suit No: TRSJ/80/2012 in mid September 2012 without even having the perfect knowledge of whether or not he is going to be impeached at the end of the day and who is going to succeed him afterward. He is doing this whole heartedly to defend, preserve and protect his constitutional rights and the Constitution of the Federal Republic of Nigeria which he sworn to defend in the glare of the public on the 29/05/2007 and 29/05/2011 respectively as contained in the Seventh Scheduled of the Constitution of The Federal Republic of Nigeria 1999 as amended that; “I, Alh. Sani Abubakar Danladi do solemnly swear that I will be faithful and bear true allegiance to the Federal Republic of Nigeria and that I will preserved, protect and defend the Constitution of the Federal Republic of Nigeria. So help me God.” Therefore, it is worthy of note at this juncture to state that, His Excellency Alh. Sani Abubakar Danladi is not targeting any individual or group of persons no matter how highly or lowly placed. He is doing these for the best interest of the present and unborn generations of Nigerians, the land, democracy and the Constitution. To be continue in the post!
Posted on: Sat, 04 Oct 2014 09:49:10 +0000
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