Kogi : Controversy as probe panel chairman, House Leader bicker over Achuba’s impeachment

Panel Chairman: We returned a verdict of not guilty on Achuba

House Leader: Panel compromised, it’s just a fact finding one, not to give judgment

The impeachment of the former Kogi State deputy governor, Simon Achuba, by the State House of Assembly has been generating controversy among the three arms of the state government and other stakeholders in the state .

While the panel that investigated the allegation led by John Baiyashea complained it did not find Achuba wanting in any of the allegations leveled against him, the legislature said that the last week Friday impeachment of the deputy governor stands, saying that there is no going back on the verdict passed by the House.

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Majority Leader, Hassan Bello (Ajaokuta) who spoke on behalf of the House also accused the judicial panel of inquiry of compromise on the assignment given to them.

The panel Chairman however insisted that, “as far as the report we submitted is concerned, the committee returned the decision that all the allegations were not proved and in accordance with the law, the legislators ought not to have commenced impeachment proceedings since the panel could not prove the allegations against the deputy governor.

He revealed further that the report was submitted when the house was not in session.

Baiyeshea, chairman of the panel said his committee could not prove the allegations leveled against Achuba.

Describing the announcement that Achuba has been removed as “the most bizarre thing that I have ever heard in my life,” Baiyeshea said the report of the panel was submitted when the House was not in session.

He said in accordance with the law, the lawmakers could not have commenced impeachment proceedings since the panel could not prove the allegations against Achuba.

“We submitted the report to the Speaker around 1pm and I left Lokoja for Abuja. I was at Gwagwalada area when one of the panel’s members who had not left Lokoja called to tell me that he saw it on television that the deputy governor had been impeached.

“As far as the report that we submitted to the House of Assembly is concerned, the committee returned the decision that all the allegations were not proved. What the constitution said by section 188(8) is that, ‘once the panel returns a verdict like that, no further proceedings can be taken on it.

“That is it. It is only when the panel returns a verdict that allegations have been proved (to be true) that they can go ahead within 40 days. When did the House sit? We delivered the documents and the house was not even in session that day, Friday”

But the panel made it clear that the allegations could not be substantiated.

“In line with Section 188(8) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) we hereby report to the Kogi State House of Assembly that the allegations contained in the Notice of Allegations admitted in evidence by this Panel as Exhibit C7 have NOT BEEN PROVED,” it said.

The House Leader explained that the assignment of members of the panel was merely a fact finding one and were not required to give any resolution.

The State Assembly through the House Leader argued that “the panel submitted report to us and based on their report, we gave our verdict. The rule of procedure says that the Panel is a fact finding panel; they are not to give judgment and it was in the rule of procedure which they accepted. They are not supposed to give any verdict in this circumstance.

“The decision of whether the deputy governor is guilty or not guilty is that of the House. If you look at Section 188 (11), it says the House of Assembly is the only authority which determines what “gross misconduct is”. It is not for the panel to say proved or not proved.”

On the issue of the Panel’s report flying everywhere, “I don’t know where that is coming from, can you imagine the Panel chairman who said while addressing pressmen at the Assembly complex shortly after he submitted the reports to the Speaker that it is not constitutional for him to disclose what is in the report since he has submitted to the appropriate channel, how come few minutes later the whole report were on social media even before the deliberation of the House on the same report, again just to let you know that even the report in the public domain is not signed, for us, we know that the panel has comprised in the process.”

In the rule of procedure, it was written boldly that the Panel shall not give the report of their investigation to anybody except to the House of Assembly.

“We question the rationale behind the statement credited to the Panel Chairman, Barr. John Baiyeshea on the issue and wonder; what is his interest?

“So, if the panel has gone ahead to release the report to anybody, that means they compromised.

“It is a known fact that the impeached deputy governor was on some National Television Stations discussing issues that should be classified information about the state government, going against the oath of secrecy he swore to himself. Does that not amount to a gross misconduct?

“Even at the panel, Elder Simon Achuba confirmed that he did appear on those stations then how come the Panel said it was not proved.

“Aside that, he also affirmed through an affidavit that he did commit the offence as alleged and besides the reports he submitted came in three parts, part 1, 2, 3, how come, the version on social media is only part 1 and 2.

“Achuba also lied that he was not paid his salary when the schedules of payment showed clearly that he was paid. These and many more show that he negates his function as a deputy governor

“Basically, our action was based on the report of the Panel and there is no going back from what we have done. If he is not comfortable with our decision, he can go to court.”

Immediately the impeachment of Achuba was pronounced by the state Assembly, the Kogi State Governor, Alhaji Yahaya Bello nominated his Chief Staff who is also his running mate for the November governorship election as a replacement .

Onoja was consequently confirmed by the Assembly and sworn in by the Chief Judge of the state superintended by the state governor, Alhaji Yahaya Bello.

Quote

As far as the report that we submitted to the House of Assembly is concerned, the committee returned the decision that all the allegations were not proved. What the constitution said by section 188(8) is that, ‘once the panel returns a verdict like that, no further proceedings can be taken on it. That is it. It is only when the panel returns a verdict that allegations have been proved (to be true) that they can go ahead within 40 days. When did the House sit? We delivered the documents and the house was not even in session that day, Friday”