BY BRIGHT JACOB
The pomp and pageantry that herald their emergence is unmistakably lush, and added to that is the fact that they are touted to increase the chances of a gubernatorial aspirant winning elections at the polls.
They are acclaimed for their yeoman’s work in fostering stability in the administrations of their principals and help to fulfill all the cardinal agenda and manifestos of their respective political parties.
They are Nigerian Deputy Governors, and political indicators seem to suggest that they are also endangered species in the Nigerian political terrain.
The office of the Deputy Governor is a game-changing one. Political parties have often used it to bridge the various divides that are commonplace in Nigeria, such as religion, where for instance, a Muslim Governor would be expected to choose a Christian Deputy and vice versa.
That said, in the Nigerian constitution, there is a section that confers immunity on the Governors and their Deputies, who ran for election under a joint ticket. There is also a section which stipulates that the candidacy of anyone aspiring to become a Governor cannot be fully validated until he has presented a running mate to the electoral umpire, the Independent National Electoral Commission.
However, for political observers, there seems to be another “unwritten constitution” which noteworthily, says that Deputies will be on their own and risk impeachment if there was any political fallout from a misunderstanding between them and the Governors or the State Houses of Assembly.
Thus, from Lagos, Ondo, Adamawa, Abia, Imo, Bayelsa, to Edo, Plateau, Kano, Osun and Taraba states as well as others too many to list here, the gale of impeachment has swept through governance in almost all the states in the federation, and political discourses usually point to the “frosty” relationship between the two principal executive office holders in those states, as one major reason for it (impeachment).
Last week in Oyo State, the former Deputy Governor, Rauf Olaniyan, was impeached by 24 lawmakers from the State House of Assembly, dominated by the People’s Democratic Party.
Olaniyan was a member of the African Democratic Congress and aspired for the top job in Oyo state during the 2019 gubernatorial election in the state.
However, after a political alliance between the ADC and the PDP, Olaniyan buried his ambition and took up the role to be incumbent Governor, Seyi Makinde’s deputy.
After their relationship went sour in the corridors of power, Olaniyan joined the All Progressives Congress on June 5, 2022, a decision that didn’t sit well with the PDP lawmakers, who demanded that he should resign.
“Olaniyan kicked against the push for his resignation, insisting he didn’t commit any crime. In his defence, he said he was elected under a joint ticket with Makinde, and that politics gave individuals the liberty to enter or exit any political party freely”
Olaniyan kicked against the push for his resignation, insisting he didn’t commit any crime. In his defence, he said he was elected under a joint ticket with Makinde, and that politics gave individuals the liberty to enter or exit any political party freely.
He also said he had no issues with the Governor and would always remain loyal to him. Olaniyan also added he was promised many roles he would play in the new government forged by the alliance with PDP, but bemoaned his non-inclusion in the running of the affairs of the state.
Trouble started for the embattled politician on June 15, 2022, after the 24 lawmakers served him a motion of impeachment with a petition alleging gross misconduct against him.
Olaniyan didn’t respond to the petition. Rather, he approached the State’s High Court for an order to halt any looming impeachment process against him.
The trial judge, Ladiran Akintola, ruled that the originating summons filed by the claimant was purely legislative and not judicial in line with the 1999 Constitution of Nigeria (as amended).
The court also said that due process was followed and no provision of the constitution was breached by the lawmakers when they served the notice of impeachment.
Olaniyan decided to appeal the ruling of the court and to that effect, he served the court process in the State House of Assembly.
Nonetheless, the minds of the lawmakers were made up, and with the expiration of a seven-day grace period given to Olaniyan to respond, the House went ahead with the impeachment process, and thereafter approached the Chief Judge of Oyo State, Munta Abimbola, to set up a panel to grill Olaniyan.
The seven-man panel set up by the Chief Judge served Olaniyan a copy of the petition on July 15 and requested he appear before it the same day.
Though the beleaguered Deputy Governor craved for time to prepare his defense, his fate was sealed on July 16, 2022, after the panel went ahead with its proceeding, without heeding Olaniyan’s plea for more time.
The panel submitted its findings to the State House of Assembly on July, 18, 2022, which adopted its recommendation to impeach Olaniyan.
That same day, the Governor nominated a new Deputy Governor, Bayo Lawal, who was sworn in by the Chief Judge.
During the swearing-in at the Executive Chamber of the Governor’s Office, Agodi Secretariat, Makinde in his address may have unwittingly latched on Olaniyan’s ordeal to score a goal or two about Deputy Governors being “trustworthy” and “selfless.”
He also appointed several juicy positions to Lawal, a lawyer and Chairman of the Oyo State Housing Corporation, a development Olaniyan alleged was denied him.
The Governor said, “The position of the Deputy Governor is a position of trust and our masters are the people of the state. Let me encourage you to put the interest of the good people of Oyo State first.
“You will continue to supervise the Housing Corporation even from your position as the Deputy Governor.
“Oyo State Road Maintenance Agency will also be under your direct supervision.
“The Ministry of Justice will also be under your directive, having served as the Attorney-General and Commissioner for Justice of the state in time past,” Makinde added.
On his part, Olaniyan has blown his bugle for war, signaling his intention to challenge the decisions against him.
According to him, Section 188(5) of the 1999 Constitution was breached, and among other controversial issues highlighted, he insisted the Chief Judge erred when he constituted the seven-man panel that recommended his impeachment.
Olaniyan in a statement released by his lawyer said, “The investigation by the committee set up by the Chief Judge is a charade that cannot stand the test of time.
“In the first instance, the Chief Judge, with respect, breached his oath of office by ignoring the service of notice of appeal and application for injunction pending appeal when he proceeded to constitute the investigation committee.
“This is against established law and practice. On the part of the panel, they were appointed and paid to do hatched jobs, which must be contrary to good conscience.
“They served the Deputy Governor on Friday around 10.45am and asked him to appear at 11am. In our letter, we informed them that His Excellency needed time to prepare for his defence. In their desperation to do the job for which they were paid, they rejected the letter, sat on Saturday, and completed their task the same day.
“Where is the fairness here? Members of the committee are supposed to be men above board. You have a Reverend Father, JP, and Alhaji among them. This is clear evidence that we are not yet ripe for democratic practice,” the statement said.
Political commentators agree that the grounds of “unfair hearing” tabled by Olaniyan may give him the impetus to drive home his points in the Court, but that remains to be seen as legal fireworks have already commenced in earnest.
Reacting to the impeachment of Olaniyan and whether Deputy Governors were endangered species, a political analyst, Moyo Jaji, told The Point that even though he didn’t think they were, their performances could nonetheless be heavily influenced by the Governors.
According to Jaji, their constitutional roles, too, notwithstanding, Deputy Governors may find their roles duly hampered when the “self-confidence” of a Governor won’t permit them to “operate fully.”
On being endangered species, he said, “Well, probably….but they have their constitutional roles to play. But the performance of a Deputy is at the mercy of the one he is deputizing. What we found out is that most of our Governors don’t have that kind of self-confidence to let the Deputy operate.
“But whatsoever be the case, they have their constitutional assigned roles to play. So, to that extent, if the governor wants him to operate freely, he must surely do so. They’re not that endangered. It depends on the individual Governor involved,” Jaji said.
Informed that the basis for asking whether Deputy Governors are endangered species was because instances of impeachments took place without proper recourse to the rule of law and irrespective of their actions being morally and legally correct, Jaji said he blamed it on the way party structures were set out in the country.
He said because the Governors have the keys to the states’ treasuries, they were made leaders of the party in their respective states.
Jaji recalled the times in the nation’s political history when “parties were controlled by members,” and submitted the practice ended after former Head of State, Ibrahim Babangida, introduced the National Republican Convention and the Social Democratic Party, two defunct political parties that once held sway in the country, and individuals, like governors, took over the funding of political parties.
Continuing, Jaji said that the ability of a state governor to fund the party makes him wield so much power so that he can “lean” on the legislature to “do whatever he wants done.”
He further added that the scenario also plays out at the Local Government level.
“What happens is that the way our parties are structured….most of the parties regard the governors as the leaders of the party in their respective states, and the reason is not far-fetched. They have the treasury at their disposal.
“If you don’t make such a person to have a say in how the party is being run in a particular state, that means you stifle the party with “the necessary blood to operate,” he stated.
On top of that, Jaji said, “Gone are those days when parties were being controlled by the members. You go and contribute your quota. You had cards that anytime you attend a meeting, you contribute something to the party.
“But these days, since Babangida introduced his two parties, that is, NRC and SDP, individuals started funding the parties and it weakens the position of the party executives, no matter who you are.
“And in the case of the Deputy Governors, because of the power being wielded by the governors, the governor can lean on the legislative to do whatever he wants done.
“That’s why Governors cannot fire the Deputy. But the State House of Assembly, even the National Assembly can start impeachment proceedings, and if it goes through, that’s all.
“But it (impeachment) will be through the instrumentality of the State Governors. That’s why they are having it easy to sack their Deputies.
“Same thing applies even at the local government levels.
“So, Deputy Governors are not endangered, but it depends on the particular Chief Executive Officer of that particular state or the local government concerned,” he told our correspondent.
Asked for his opinion whether the less than 72 hours it took to sack Olaniyan was too short, Jaji said the constitution did not state how long impeachment proceedings could last, and what was needed to unseat a Deputy Governor was “a simple majority of two-third” and not breaching any of the relevant sections that relate to impeachment.
“The constitution has not stated the time lag given for such exercise. What they need to carry out the impeachment is a simple majority of two-thirds .
“So, if you can garner it, it can be done in 48 hours. It can be done even in a day. All the law requires is to show that you have gone through all the gamut of the process of impeaching an officer.
Jaji further stated that usually, impeachments depend on the “attitude of the particular legislative house to the issue at stake,” and in a situation where they (legislators) were in accord with the governor, impeachments could be done easily.
He said the reverse could have been the case in some instances, but because the parties had made Governors leaders of the party, the Governors “could remove anyone they didn’t want.”
“The constitution has not stated the time lag given for such exercise. What they need to carry out the impeachment is the simple majority of two-third”
Asked whether the long list of impeached Deputy Governors was healthy for democracy, Jaji said the health of democracy didn’t concern any dictator and all a dictator wanted was to have his or her way, so long the law supports what they do.
Jaji posited that the 1999 constitution as amended left Deputy Governors and even vice chairmen of local government areas at the mercy of the Governors, and unless “you’re prepared to play ball with the Governors, your office is endangered.”
He said, “To that extent (office being endangered), maybe I’ll agree with you that your office is a temporary one. That is why some people derogatorily refer to Deputy Governors as ‘spare tyres’.
“A spare tyre is needed when the original tyre is having a problem. If not so, the spare tyre will be where it is always kept,” he declared.
Further prodded to share his thoughts about the State Houses of Assembly being “rubber stamp” for their respective governors, Jaji said he shared the same view with those who thought so, and added such also plays out with the National Chairmen of parties who may be nominated by a “mandarin in a particular state,” and not emerging by the consensus of the generality of the party members, like what obtained in the first republic during the era of the NPN and other parties.
For this, Jaji said party chairmen and legislators may have put themselves under the whims and caprices of the men who nominated them, and noted that it was this same power those around the president wanted to capitalize on during the National Convention of the APC, but for the steadfastness of the president.
“Look at the President. The President is the leader of APC. Though they call Asiwaju National Leader of APC, we all know where the power lies.
“A very good example was those moves that were being made by those around the President before the Presidential convention of APC.
“If the President hadn’t been steadfast, they would have used his office to commit a lot of atrocities against those they didn’t like their faces,” Jaji concluded.
Meanwhile, the governorship candidate of the APC in next year’s Governorship election in the state, Teslim Folarin, has condemned Olaniyan’s impeachment.
According to Folarin, justice would be served at the Court of Appeal as Olaniyan would be vindicated there.
The State Chapter of the PDP, however, hit back at the former Senator, describing Folarin’s statement as a macabre dance of shame unexpected of someone of his status. They described the impeachment as the most peaceful and rancour-free in the history of Nigeria.
