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Impeachments do not solve
corruption
By ABAH MICHAEL
OVER the decades, impeachment has been used as a measure to correct
situation rising from political, economic and general misdeeds in
governance. The idea or measure is however valued in an atmosphere of
true-democracy where the rule of law and the power of the constitution is
recognized both by the rulers and the ruled. In other words, the leaders and
their followers obey the constituted authority of the land which makes the
government and its principal actors valid. In advanced democracy like, that
of the United States and Britain which our is based on impeachment
proceeding is only effected against a national figure when it is discovered
by the citizens and the law, that such a person who may be the president or
his vice has committed a gross act of misconduct in all aspect according to
the rule of law.
In the Nigerian context, impeachment has become the common language used by
our law makers at all levels making its importance and necessity, where
necessary irrelevant and less significant in the affairs of governance.
Before the inception of democracy, that is during the past military regime,
when a governor is accused of corruption by the people and the law, it is
within the power of the head of state to remove such a corrupt officer and
replace him with a sincere one who is ready to serve in that same capacity.
Since 1999, when the present administration was ushered in, what we hear on
daily basis in our body polity, at all levels of governance is the menace of
impeachment proceedings against either governors and their deputies, senate
presidents and even chairmen and their vice at the local government levels.
This, in a nutshell has brought the values of impeachment to almost nothing
since it is believed by the players of the usual corrupt game of democracy
that, the only weapon against them is to be impeached from the office after
stealing so much from the coffers of government. This therefore means that
any governor who steals while in power go scot free after the drama of
impeachment and the interrogation by the men of the Economic and Financial
Crimes Commission (EFCC), which is believed to be a wing of the people’s
Democratic Party (PDP) which is in charge at the moment.
Before the creation of the EFFC, the constitution has always had it clearly
spelt out on the need for effective checks and balances especially in a
democracy as it is practiced in Nigeria. If the apparatus of government in
places like the law courts and the various institutions are not handicapped
by the constitution, it is pertinent to say that, the concept of corrupt
governance would have been addressed as all effort would be made to ensure
that all activities of the state will be done in conformity with the law.
But in a situation where the leader on seat usurps the powers of the
judiciary and that of the legislature and add them to his own the essence of
the law and the principles of checks and balance is completely lost. The
result is the continuos stealing of public funds meant for development like
we had in ex-governor Dariye’s case and that of other governor’s that have
had similar cases of corruption since 1999.
It is often said that power corrupts and absolute power corrupts absolutely.
The clause in the constitution which allows public office holders to be free
from arrest even when they commit the worst offence is responsible for the
problem of corruption which our nation is currently facing especially as it
regards corrupt governors and national leaders at the top. Of recent, it was
widely publicized all over the world that our two top most leaders who
should serve as role models to others were engaged in a corrupt war which
resulted in the suspension of the vice-president, Alhaji Atiku Abubakar. It
was generally believed that the president and his number two have been
engaged in shady deals which are against the ethics of true democracy.
However because of the so called immunity in the constitution, the vice
president was merely suspended by the party meaning that the law cannot
really do much.
What Nigerians need is a real law that will spell out penalties of such
offence and not immunity that will protect thieves even if they are caught
in the act.
Our democracy has suffered a serious setback because the law has not been
able to protect the resources of the state, and until such clause in the
constitution is removed corruption at the highest level will be a dominating
factor in our policy. In other to avoid impeaching our corrupt elites from
the affairs of governance the people and the law must be made relevant above
an individual who may be at the helm of affairs of governance.
The concept of the rule of law and the supremacy of the constitution which
is above all other desire must be put first to dictate the do’s and the
dont’s in the affairs of governance. If this is achieved, then we can begin
to dream about a fair governance that is devoid of corruption which
culminates in stealing of public fund which is meant for the development of
our nation.
Other institutions under the judiciary should not only be mobilized to
arrest offenders after the act has being carried out, but they should
monitor the day to day activities of various parastatals and organization
within the country with a view to prevent such from happening.
It is sad to note that, since the inception of the present democratic
regime, the achievements recorded so far are corruption and general stealing
of public resources which are used to build and buy our own industries as
well as houses abroad. There is hardly any governor who has not stolen from
government coffers but what makes the difference is that while some are
careful in the way they steal, others do it in a manner that brings
opprobrium to the administration.
If we must impeach corrupt leaders to bring about good governance, the idea
must not be one-sided. This is because all the present leaders today are
corrupt and only a few are victimized for the sin.
The rule of law and the issues of checks and balances must be fully
operational to ensure good governance which should be devoid of stealing and
domination to avoid the menace at impeachment which has become common in our
democracy.
MICHAEL is on internship with Sunday Triumph. His e-mail is mikeabahoo@yahoo.com
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SUNDAY, NOVEMBER
26 2006