Suit To Stop Impeachment Proceedings Against President Jonathan Fails

THE Federal High Court, Abuja Division, yesterday refused to stop the House of Representatives from starting impeachment proceedings against President Goodluck Jonathan over his alleged poor implementation of the budget.

The court refused an ex-parte application filed by the national chairman of African Liberation Party(ALP), Chief Osita Okereke, praying it to halt the lower chamber of the National Assembly from considering any bid to oust the President from office.

In a short decision, Justice Gabriel Kolawole held that the court did not thrive on speculation and ought to have been satisfied by the applicant that the impeachment proceedings were on course before it could entertain the suit in order not to interfere with the responsibilities of the legislative arm of government.

He said since no single arm of the National Assembly could impeach the president by virtue of sections 143 (1) of the 1999 Constitution as amended, which required a joint resolution impeachment resolution of both chambers of the National Assembly, the Senate ought to have been joined in the suit.

Justice Kolawole held, therefore, that the failure of the plaintiff to join the Senate as a party was fatal to the suit as it breached the principles of fair hearing.

The court also held that “this may not be the proper occasion for this court to grant ex parte order against the Speaker and the House of Representatives as the reliefs sought by the plaintiff largely benefitted the President.

Consequently, he refused the ex parte order and adjourned the matter indefinitely for the Registrar to pass the case file to the Chief Judge to re-assign the case since he entertained the application as a vacation judge.

Counsel to the plaintiff/ applicant, Alex Williams, had while moving the application on Thursday 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 his duties.

However, Justice Kolawole said he needed time to study the processes to enable him deliver his ruling.

Listed as defendants in the suit are the House of Representatives and its Speaker Aminu Tambuwal, the National Assembly, Attorney General of the Federation and Minister of Justice Mohammed Adoke 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 this year is heating up the polity.

Besides, he averred that the September deadline issued by the House for 100 percent 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 was a ploy to cause political turmoil.

The plaintiff in his originating summons posed nine questions for determination by the court as follows: “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 percent implementation of the Federal budget of Nigeria for each fiscal year as appropriated by National Assembly mandatory.

“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 percent for any given fiscal year?”