With all sense of duty and responsibility, as a Nigerian and as a lawyer, I write to members of the Nigerian National Assembly to urge and demand the immediate and prompt impeachment of President YarAdua forthwith. The immediate impeachment and removal from of President YarAdua is required, demand and has become mandatory necessity, in order to put an end to presidential unconstitutionalities, illegalities and sundry political rascality by President YarAdua and supporters of his lawlessness.
Nigeria’s national and strategic interests demand immediate and prompt action by our National Assembly. Kneeling and begging, is not a position of strength, Nigerians have kneeled and begged Mr. YarAdua enough!
Nigeria’s national interest is paramount and should be the overarching consideration in the removal of President YarAdua. And no political parties, sectional, ethnic, religious or regional loyalties should be considered as relevant factors in the circumstances. Clearly, President YarAdua should no longer be afforded further discretions in these matters of urgent national importance. Nigeria’s ship of state should not be allowed to head full-throttle to the precipice.
President YarAdua has engaged in gross misconduct and impeachable offense of the most egregious type and nature. President YarAdua has embarrassed and shamed the Nigerian nation long enough and enough is enough! Nigeria cannot wait anymore held hostage or ransom.
The Nigerian National Assembly should promptly and immediately feel duty bound to impeach Mr. YarAdua and do so as a matter of urgent national importance.
The constitution of Nigeria provides guidance for Nigerian National Assembly to act accordingly and constitutionally sans the Rule of Law.
Section 143 subsection 11 clearly stipulates and provides as follows and I quote, 143 (11) In this section – “gross misconduct” means a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion of the National Assembly to gross misconduct.
This solemn duty is constitutionally mandated. And the Nigerian National Assembly would be acting on behalf of 150 million Nigerians at home and abroad in furtherance and in pursuit of Nigeria’s national best interests. It is public knowledge within Nigeria and worldwide, that President YarAdua has willfully, intentionally and deliberately, in a premeditated manner, violated provision of the Constitution of Nigeria and he has continued to do so for almost 70 days hence his refusal to transmit a letter to Nigeria’s National Assembly, an instrument which is constitutionally stipulated which would trigger the assumption of office by the vice president as an acting president until the substantive president resumes duty or until a change of circumstances.
President YarAdua has failed, neglected and refused to obey the laws of Nigeria, President YarAdua has violated constitutional provisions as aforementioned and in doing so, has engaged in egregious misconduct.
These violations must forthwith be considered by the Nigerian National Assembly as amounting to what is described in our constitution as gross misconduct and as a consequence, impeachable offenses under section 143 as aforementioned and excerpted above. Nigerians, at home and abroad have been aware, and have been aghast and amazed that the president of Nigeria, the embodiment of nation in symbol and substance, have during the preceding 70 days, unseen and unheard, incommunicado, comatose, vegetative and absent from presidential duties without full disclosures and complete transparency as to his diagnosis, his prognosis and incapacitation. Nigerians and Nigeria have been held ransom and hostage for embarrassingly, far too long.
Nigerians have had enough. Nigerians are tired of inept and arrogant helmsmen who routinely engage in constitutional violations and drunken impunity and lawlessness. Nigerians have had enough of persons such as President YarAdua and his supports, cabal and acolytes who are utterly contemptuous of the Nigerian electorate. Nigerians have had enough of persons such as Chief Michael Aondoakaa a man supposedly learned in the law.
Chief Aondoakaa our nation’s Attorney General, whose reputation is that of aiding, abetting, conniving, and colluding with those who subvert and have subvert the Constitution of Nigeria and those who break all Nigerian laws with reckless impunity.
Nigerians at all levels, Nigerians from all strata of our society and Nigerians across the spectrums of regional, ethnic, linguistic and cultural groups etc have urged, implored and demand that Mr. YarAdua obeys the constitution and he has remained recalcitrant, intransigent and defiant. President YarAdua has adamantly neglected to obey and respect the Constitution and the laws of Nigeria.
President YarAdua has neglected and refused entreaty by former Heads of state of Nigeria, such as General Yakubu Gowon, former President Shehu Shagari and former President Obasanjo among others. President YarAdua continues to defy Nigerians and Nigeria. The world is watching as well.
And only this week, the United States, Britain, France and the European Economic Community, issues public statements, in which they essentially echoed the well known feelings, which Nigerians at home and abroad have harbored during these preceding 70 days of Mr. YarAdua absence from presidential duties. I generally have an aversion to foreign interference in Nigerian internal or domestic affairs, but in this instance, the world is reminded of the grave implications which the current political and constitutional crises in Nigeria portends if it remains unaddressed.
It could be cataclysmic in human costs. As Nigeria is misled to nadir, and allowed to teeter in leaderless rudderless manner by President YarAdua and his enablers, persons such as the Attorney General of the Federation Chief Michael Andoakaa should put on notice as to the extreme consequences of their actions as these constitutional violations and illegalities are perpetrated against Nigerians and Nigeria, with the AGF’s implicit, explicit and tacit approvals, with his pungent winks and nods.
Chief Michael Aondoakaa have repeatedly spouted spurious, unconstitutional and completely illegal and unethical arguments, all in order to support and perpetuate fraud against Nigerians and Nigeria’s national interests which the Attorney General had sworn to defend and uphold. Chief Aondoakaa, the current Attorney General and number one law officer of our federation, has constituted himself, Nigeria’s enemy number one who has presided over all manner of unconstitutionalities and illegal and unethical behaviors, as he has routinely advanced the most warped and most twisted arguments with pretentious coloration of legalities.
No Nigerian individual or persons and or group of persons is more important than Nigeria’s collective national interests. Neither President YarAdua nor AGF Michael Aondoakaa has more stake in what happens to Nigeria and what becomes of Nigeria, than the rest of us 150 million strong Nigerian. Nigeria’s national interests must be emphasized over and above any parochial, sectional or myopic interests of any persons or political associations or groups within and outside Nigeria Nigeria is a plural society.
Nigeria is a multi ethnic, multi religious, multi lingual and multi cultural nation and as a result, there is a competition for limited public resources. Full citizenship for all Nigerians wherever a Nigerian lives and has indicated permanent interest. Healthy Competition instead of mutual suspicions Carnage in Jos is connected directly to the same attitude of mutual suspicions between Nigerians our multiple ethnic, regional, religious and diverse cultural background.
This attitude of mutual suspicion and emphasis on our differences, instead of emphasis of our national interests and the value, advantage and benefits imbued and encrusted in Nigerian unity in diversity, some continue to persist in treating and dealing with fellow Nigerians as other Nigerians are from the moon or mars! What else could possibly explain Mr. YarAdua’s refusal to peacefully hand over to Nigeria’s vice president who is a fellow Nigerian? Why would Mr. YarAdua think that Mr. Jonathan could by fiat, make Katsina state part of Cameroon or Ghana as soon as Mr. Jonathan assumes the position of acting president of Nigeria? Full citizenship will eliminate the need for the dichotomy and disparity of settler or indigene.
All Nigerians should be able to aspire to the presidency and vice presidency, regardless of ethnic, state and regional origins or religious belief and even absence of religious beliefs. The National Assembly of Nigeria is constitutionally mandated to steer the Nigerian ship of state away from imminent disastrous crash, anarchy, violence and disintegration and civil war. It must be clear to all by now, that those who will do Nigeria harm, may cash in, and take advantage of our rudderless parlous state and power void and vacuum which have been foisted upon Nigeria by the egregious constitutional violations and constitutional gross misconduct already committed by President YarAdua and his arrogant cabal of enablers.
It is now public knowledge that the Movement for the Emancipation of Niger Delta, or MEND, has called off a previously negotiated ceasefire to which President YarAdua was a direct participant and party, Mr. YarAdua as a counterparty to a contract or agreement with MEND, has failed to abide by the terms of the ceasefire agreement or contract.
Therefore, MEND is arguably right to end the ceasefire entered with President YarAdua in October 2009. And MEND has a valid and legitimate argument, to wit, the absence of President YarAdua, the counterparty or other party to the agreement.
The inability and unwillingness and neglect President YarAdua to enforce the terms and tenor of the said agreement. And the complete disappearance of President YarAdua, the principal party to that agreement who has not been seen or heard from by MEND, Nigerians and the rest of the world during the preceding 70 days! MEND represent a legitimate grouse and MEND may legitimately reject the comatose agreement with the absentee president! MEND should however not engage in violent acts which may lead to loss of lives and properties.
It is clear that Nigerians are now restive. It is clear now that those with legitimate grouse and gripes may now have run out of patience, it is also clear that, foreign and domestic opportunists, may now seek to exact a pint of blood and punishment against Nigerian, as they see an open flank in our current political and constitutional crisis brought about, essentially, by the power void and vacuum by President YarAdua’s constitutional misconduct, constitutional violations, constitutional infractions and outright illegalities which have been committed by him, in his refusal to adhere to and follow, constitutional processes of power transition and peaceful devolution of power set down and laid out specifically in the Constitution of Nigeria.
Therefore, the time has now come, for the National Assembly of Nigeria, to promptly and immediately impeach President YarAdua and remove him from office as president of Nigeria, who has been absent from presidential duties consistently for about 70 days without explanations, full, complete disclosures of his prognosis in open and transparent manner. President YarAdua should be removed from office as there is no precedent in any and in all of the nations on earth, where a president who is clearly medically and certifiably incapacitated physically and mentally, continues to cling to power, arrogantly and in complete and total subversion of the laws of the law and the Constitution of Nigeria.
Section 143 subsection 1 through subsection 2(b) of the Constitution of Nigeria provides in part, as follows, “The President or Vice-President may be removed from office in accordance with the provisions of this section. Whenever a notice of any allegation in writing signed by not less than one-third of the members of the National Assembly:- (a) is presented to the President of the Senate; (b) stating that the holder of the office of President or Vice-President is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified… Section 143 subsections 10 and 11 provides further, and states as follows…(10) No proceedings or determination of the Panel or of the National Assembly or any matter relating thereto shall be entertained or questioned in any court. (11) In this section – “gross misconduct” means a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion of the National Assembly to gross misconduct.
It is my view, that President YarAdua has committed gross misconduct by:
1. By his continued absence from presidential duties for about 70 days without explanations in writing, to the National Assembly as constitutionally mandated.
2. President YarAdua has neglected, failed and refuse to abide, adhere and comply and effectuate section 145 of the Constitution of Nigeria, a noncompliance which Nigerian National Assembly is mandated and at minimum, entitled to interpret as a flagrant violation, so egregious in manner and span of time, and deemed President YarAdua’s violation as gross constitutional misconduct which rises to the level of an impeachable offense.
3. By the fact the Federal Executive Council or FEC, Ministers or presidential appointees, convened in obeisance to the constitution of Nigeria to consider the continued fitness of President YarAdua for office. But that the FEC failed to abide by constitutionally stipulated and mandated methods, processes and procedures requiring a medical panel, which includes the personal physician of the president to arrive a certifiable-verifiable medical opinion as continued physical and mental fitness of president to continue as such. The FEC has therefore, through the action and omission, removed the FEC option from the table and from consideration.
4. The Nigerian National Assembly which is comprised of the Senate and the House of Representatives are the true representatives of Nigerians from all the 774 Local Government Areas of Nigeria, the 36 federating states including Nigerians in the Federal Capital Territory, Abuja, Nigerians at home and abroad, and well wishers of Nigerians and Nigeria, hereby urge, implore and demand that Nigeria’s National Assembly act as the bulwark and savior and protector of Nigeria’s democracy, and Nigeria national interests and Nigeria’s continued existence through the courageous and heroic action which has now become necessary. Impeach President Umaru Musa YarAdua of Nigeria forthwith.
The prompt and immediate impeachment of President YarAdua is in Nigeria’s national interests and strategic interests. Otherwise, there could be an onset of violence, anarchy, coup, civil war and complete disintegration of Nigeria, all which have been speculated, feared and rumored since the continued absence form presidential duties by President YarAdua of Nigeria.
Nigeria’s National Assembly should not allow this unnecessary power vacuum and void to continue much longer, as it is a harbinger and a foreboding of immeasurable calamities, catastrophes and it could prove disastrous for Nigeria and the world. Nigerians and Nigeria deserves better.
Enough is enough!
God Bless the people and government of the Federal Republic of Nigeria.
Please also see: A) President YarAdua Is 30 Days AWOL Or Absence Without Official Leave From Presidential Duties
B) President Yar’Adua Should Not Resign; But Obey The Constitution Instead
All are published here on www.elombah.com
Impeach President Umaru YarAdua of Nigeria Now! Written by Paul I. Adujie Lawcareer@gmail.com