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November 15, 2006
Row in Senate over Dariye
IT was bound to be a day of high drama. As senators came into the chamber, a handful converged around Deputy Senate President Ibrahim Mantu.
From Alifa Daniel, Abuja
Some congratulated him, while others appeared so disgusted that they could not afford the usual pleasantries but moved quietly to their seats.
But as soon as Senator Farouk Bello-Bunza raised a point of order, that his privilege had been breached by the political drama in Plateau State, where a clear minority of Assembly has claimed to impeach Governor Joshua Chibi Dariye; and security as well as judicial backing has immediately been given to the pronouncement, tension enveloped the chamber.
The senators moved to the edges of their seats. Mantu, Dariye's high profile opponent in the state, appeared as if he was sitting on springs and was ready to pounce on those opposed to the impeachment. At every moment, the Deputy Senate President shouted at those speaking against the controversial exercise.
The chamber was shell-shocked when Mantu ordered a fellow principal officer, Deputy Leader Daniel Saror, to "sit down" midway into Saror's contribution. But Saror replied in like manner and told Mantu that he could not be the only right person on the issue.
Mantu described Bello-Bunza as one of the "agents" of Dariye who had been paid to table the impeachment matter at the Senate.
Motions and counter motions were thrown at the Senate President who appeared flustered at the rapidity that they came. In all eight motions were raised while Senate President Ken Nnamani had a hard time ruling on them all.
Bello-Bunza sought the Senate's intervention, in condemning "the five legislators in the impeachment of the Plateau State Governor and insist that due process must be followed in the impeachment of a governor or any office holder as enshrined in the constitution of the Federal Republic of Nigeria."
The due process, he added, had "not been clearly followed in this matter."
Bello-Bunza reminded his colleagues of the resolutions of the Upper House while endorsing the state of emergency in Ekiti State.
While approving the proclamation of the Ekiti emergency rule, the Senate had condemned the blatant disregard of legislative procedure by state Houses of Assembly of Oyo, Ekiti, Plateau and Anambra in impeachment proceedings.
Among others, the Senate had asked President Olusegun Obasanjo to discuss any future declaration of emergency rule in any of the states with the National Assembly, even if informally, before a proclamation on it is made.
Other resolutions that were passed by the Upper House before the approval of the proclamation were that the Senate:
o condemned the use of the Economic and Financial Crimes Commission (EFCC) and other security agencies to intimidate members of State Houses of Assembly; o appealed to the Chairman of the National Judicial Council to impress upon State Chief Judges to comply strictly with the provisions of the constitution in handling of impeachment matters; and o called on President Olusegun Obasanjo to ensure that the 2007 elections are free, fair and on schedule.
Bello-Bunza said that the impeachment in Plateau State was a breach of the constitution, which senators swore to defend. He argued that the spate of impeachments poses danger to a free and fair election next year, and urged the Senate to pursue a reversal of the impeachment of Dariye.
He subsequently moved a motion for the Senate to condemn the Plateau action and insist that due process be followed on impeaching a public officer as enshrined in the constitution.
Senator Uche Chukwumerije seconded the motion with a short speech. He said: "I rise up with a heavy sense of responsibility to second this motion. I second this motion from two angles that bother me. The first angle is the danger of the Senate being perceived as a toothless bulldog."
He continued: "The danger has arisen from the fact that a resolution which we passed in this House and which we were assured by the leadership would be a gentleman's agreement between us and the Federal Executive seems to have been brushed aside with impunity."
Chukwumerije spoke further: "The Parliament is the key institution of democracy and if we allow the Parliament to be rubbished, sooner than later, democracy will come to grief in this country."
Not done, the senator said: "Five impeachments in under 48 months! I don?t know any other country where this has happened. Of all the impeachments, only one has had two thirds without controversy. Mr. (Senate) President, my colleagues, remember what happened in (Benito) Musolini's Italy, (Adolf) Hitler's Germany. It began with small internal compromises until gradually and progressively, this man took over the whole of Germany. This country is walking into danger and the Senate, like a tethered goat is following it."
And the motions began to fly. Senator Oserhiemen Osunbor countered Bello-Bunza with Order 14 (a) of the Senate Rules. He said: "There are no rights contained in legislative houses. It is incompetent for us to proceed based on Order 14 as raised by Bello-Bunza." Also, Senators Dalhatu Tafida, Lee Maeba, Ewa-Henshaw were opposed to Bello-Bunza motion.
Mantu took the centre stage: "This is a classic abuse of what we call privileges. There is no way the privilege of someone from Kebbi State has been breached in Plateau State. Someone from Kebbi cannot question what we do in Plateau State. He is not part of us. We are not in a military regime. We are in a federation, in a democracy. It is the duty of the state House of Assembly to make laws for the particular state. Therefore, whatever this house does, it is purely advisory. Farouk Bello-Bunza wasn't even here when we made those resolutions he is referring to now. He didn't participate. He has no right to enjoy a decision we took here. I know some people who were sponsored by Dariye. I know some people who were given money by Dariye. When matters are in court, we cannot assume the powers of the Judiciary. This chamber shouldn't be reduced to a gallery-players..."
As Nnamani persuaded Mantu to be focussed, Osunbor threw another motion into the ring. Citing Order 25 (f), the Edo State senator urged Nnamani to quickly rule on whether Bello-Bunza's privilege had been breached by what happened in Plateau State.
As senators began to contribute, Mantu took on Bello-Bunza, accusing him of cowardice. The Deputy Senate President said: "He (Bello-Bunza) ran away from the Senate resolution. He wasn't part of it."
Mantu and some of his supporters attempted to stop Saror when the former vice chancellor questioned the constitutionality of Dariye?s impeachment. Saror turned onto Mantu, saying: "Someone is talking here and you are telling him to keep quiet. What right do you have that I don?t have? Tell me, what right?"
Nnamani pleaded with Saror to stand down as his voice rose.
Lee Maeba threw in his own motion as the argument became hotter: "It is not our business what the State House of Assembly does."
And, at the senators' demand, Nnamani's declared that Bello-Bunza's rights were not breached by the goings on in Plateau, being a senator representing Kebbi State.
Posted by Publisher at November 15, 2006 10:06 AM
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