I-M-P-E-A-C-H-M-E-N-T: Court determines Reps’ threat against Jonathan

Written by Tunde Oyesina, Abuja Friday, 14 September 2012

A Federal High Court sitting in Abuja will this morning rule on whether or not to stop the House of Representatives from going ahead with impeachment proceedings against President Goodluck Jonathan over the 2012 budget implementation.
The presiding judge, Justice Gabriel Kolawole had reserved ruling for today after listening to an ex parte application brought by the national chairman of African Liberation Party (ALP), Dr Emmanuel Osita Okere.
Counsel for the plaintiff/ applicant, Alex Williams had, while moving the application, prayed the court to grant an interim order restraining the leadership of the House from proceeding with the impeachment, as it was capable of distracting the president from discharging his duties.
However, Justice Kolawole said he needed time to study the processes to enable him to deliver his ruling.
Joined as defendants in the suit are the Speaker of the House of Representatives, the House of Representatives, National Assembly, Attorney-General of the Federation and Minister for Justice and President Goodluck Jonathan.
In his affidavit in support of the originating summons, the plaintiff stated that the move to impeach the president from office for non-implementation of 100 per cent of the 2012 budget in July 2012 is heating up the polity.
Besides, he averred that the September deadline issued by the House for 100 per cent implementation of the budget, which is three months earlier than the end of 2012 calendar year and six months from the end of the 2012 budget/fiscal year, is a disguise to cause political turmoil.
The plaintiff, in his originating summons, posed nine questions for the determination by the court.
It asked whether upon proper reading and interpretation of the constitution of the Federal Republic of Nigeria 1999 as amended, whether any provision of the constitution made 100 per cent implementation of the federal budget of Nigeria for each fiscal year as appropriated by National Assembly mandatory and that whether upon proper reading and interpretation of the constitution of the Federal Republic of Nigeria 1999 as amended, whether the National Assembly is empowered to impeach the president from office for failure to implement the budget by 100 per cent for any given fiscal year.
The applicant also asked the court whether the constitution prescribed any time frame or date in each fiscal year within which to declare the budget as non-implemented.
If the above questions are answered in his favour, then the court should proceed to grant the following reliefs:
A declaration that the move by the National Assembly to impeach the president from office for non-implementation of 100 per cent of the 2012 of the budget is premature, abuse of legislative powers, malevolent, unconditional, null and void.

SOURCE: Nigerian Tribune, 14 September 2012. http://tribune.com.ng/