The Nigerian Bar Association (NBA)has urged the governor of Kogi State and the Kogi State House of Assembly to adhere to the provisions of the Constitution. This is contained in a statement signed by Kunle Edu, the NBA National Publicity Secretary.

NBA expressed concern over the rumored preparation to swear in New Deputy Governor. It also urges the parties concerned to exercise great caution to avoid breach of public peace.

The statement reads:

ALLEGED IMPEACHMENT OF THE DEPUTY GOVERNOR OF KOGI STATE: NBA URGES RESTRAINT AND RESPECT FOR THE RULE OF LAW.

The news media (mainstream and social media) are replete with the news of the alleged impeachment of the Deputy Governor of Kogi State of Nigeria, Mr.Simon Achuba by the Kogi State House of Assembly. Available information indicates that the Honorable Chief Judge of Kogi State in the exercise of his constitutional powers and pursuant to a Resolution of the Kogi State House of Assembly, constituted a 7 man panel, chaired by Mr. John Baiyeshea, SAN to investigate the allegations of misconduct against the Deputy Governor of Kogi State. The said Investigation Panel has since submitted its report to the Kogi State House of Assembly, finding the Deputy Governor not guilty and cleared him of all the allegations made against him.

Section 188(8) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides that

” Where the Panel reports to the House of Assembly that the allegations have not been proved, no further proceedings shall be taken in respect of the matter”

Furthermore, Section 1(1) of the said Constitution of the Federal Republic of Nigeria makes obedience to the provisions of the Constitution mandatory by providing that

” This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria”.

Therefore, it is incumbent on all Nigerians, public officials and public institutions to ensure full compliance and adherence to the provisions of the Constitution of the Federal Republic of Nigeria. The NBA enjoins the Governor of Kogi State and the members of the Kogi State House of Assembly not to deviate from the spirit and essence of the Oath of Allegiance (the 7th Schedule to the Constitution of the Federal Republic of Nigeria) wherein they all swore to exercise absolute loyalty and adherence to the provisions of the Constitution of the Federal Republic of Nigeria.

In view of the salient constitutional provisions above-cited, it becomes worrying that steps are being reported to have been taken or about to be taken by the Kogi State House of Assembly to screen a successor to succeed Mr. Simon Achuba, preparatory to swearing the new person in as the next Deputy Governor of Kogi State.

The Nigerian Bar Association views these events with great concerns and urges all parties to exercise great caution. Any action to be taken by the interested parties should be guided by dictates of the Constitution of the Federal Republic of Nigeria and the need to adhere to the Rule of law. Parties concerned should also avoid any act that may pose a threat to the peace and security of Kogi State.

Kunle Edun
National Publicity Secretary, Nigerian Bar Association.