Impeachment threat: Is President Buhari guilty or not?

Last week, some lawmakers made moves to impeach President Muhammadu Buhari over the withdrawal and spending of $496,374,470.00 million on war planes. By their affirmation, his action was tantamount to anticipatory approval. Has the President usurped the powers of the lawmakers by his action? Legal practitioners speak to KEHINDE OSASONA, HALIMAT OZOMATA and ROSEMARY MORIBIRIN.
Buhari has committed an impeachable offence – Osuobeni Akponimisingak President
Buhari has committed an impeachable offence by his conduct, because you cannot just go and deep your hands into the public purse for the purpose of making any procurement on behalf of Nigerians. Whatever money that is in the custody of Mr President is more or less public fund.
To now hide under the guise of an emergency or doctrine of necessity to purchase a jet with fund not appropriated for is unacceptable. Even when the issue of doctrine of necessity cropped up at a time in Nigeria, it was taken to the National Assembly for proper debate and it was legislated upon after which it now became a doctrine of necessity. But as it were, Buhari cannot sit in his office and start taking decision. He has to refer to the National Assembly and let them see reasons why some of our security challenges has to be confronted without having to wait for the budget. Mind you, this money belong to different states in the country.
The fact that it is domiciled in the federation account does not ascribe total control or prerogative to the President to spend that money. Now, Ekiti State has gone to court to challenge the spending, saying the people of Ekiti did not agree to such spendings. Even if it was meant for a good purpose, the foundation for withdrawing the money was faulty.
It’s doctrine of necessity – Abdulrahman Aliu I believe it is within the constitutional power of the National Assembly to move for the impeachment of Mr President. However, I also believe that security matter is supposed to be confronted with utmost seriousness and urgency that it deserves
. If the President is claiming or fronting an argument that the action was as a result of the circumstances surrounding the issue, I think I will flow with the reasoning of Mr President or any other person advancing same reason. Come to think of it, the money they say were expended was used to procure some security gadgets and arms in order to further empower our security agencies.
Unarguably, there are always some barriers and limitations in the application of the law that makes provision for spending of State’s fund, especially when the issue of necessity comes up. For instance, it is clear that one cannot drive against the traffic, however, in a case of emergency when you are probably carrying a dying person in an ambulance and you need to rescue the live of that person as quickly as possible, if you breach the traffic rule in that circumstances, of course you might not be charged for traffi c penalty because it was the situation that warranted it. So, I believe the action of the President falls within the ambits of necessity and waiting for any protocols or bureaucratic process might constitute an impediment to an emergency situation.
Checks and balance in action – Peter Nwueze The move by the National Assembly is a welcome development for the simple fact that the doctrine of checks and balance is always there. You will recall that the President handlers adduced exigencies being reasons for the purchase, saying it was done in public interest. But even at that, the law does not permit it. You cannot tell me that before the President gets to the House for approval, the Americans would have changed their mind. No! So , why the rush? Even the law does not contemplate when something would happen.
In short, what the President did was wrong. So, insecurity or emergency situation being brandied is not a defense. With this current development now, I am sure the President will be more careful next time not to take the legislators for granted on issues, no matter its urgency. But at least this would rattle him a little.
It is a breach of the constitution – David Ajaba The action of the members of the House of Representatives is justifiable because the action of Mr President was completely illegal. In fact, the argument has not been whether it is illegal; it is whether Buhari could get the House to ratify the action which ordinarily by law ought not to be ratified after payment has been made. The constitution is very clear.
The President needed the approval of the House in the first place to get appropriation for that purpose. As for whether the action of the House is justifiable, for me, I think there is no urgency that warranted the President to take that action before coming to the House for approval. More so, looking at the contract with the USA for the supply of the jet, they are to be supplied in 2020.
Imagine this same people who told us that Boko Haram has been technically defeated now hurrying to withdraw money before going for approval. During the last press conference by the duo of President Buhari and President Donald Trump, he never denied. In fact, they agreed that the contract has been signed, sealed and delivered. That means the money has been delivered as well. It is a breach of the constitution for someone who claim to be fighting corruption and has simply refused to follow due process in carrying out his constitutional responsibility. I think those excuses being given are not tenable at all. I also feel that for the first time, the House has demonstrated that it has not been pocketed by the executive arm of government.
Buhari does not believe in due process – Woko Edwin Actually, from what is going on in the nation now, people are beginning to see any impeachment move against the President as a jamboree. The reason is that this government has committed several impeachable offences and has gone scot-free. The latest action being exhibited by the Buhari’s administration, is just one out of millions of gross misconduct committed by the President. What is emergency in such procurement? Is Nigeria on fi re? This Boko Haram war had been with us for like five years now.
So, how could you call it an emergency. In fact, the President has just demonstrated that he lacks the power of due process and that he cannot work in tandem with the constitution.
Our constitution has been violated – Uchenna Ndubuisi In a democracy, the legislators have the constitutional power to approve every government’s spending in line with the due process of law and, that is why it is diff erent from every other forms of government.
For the records, please be aware that relevant sections of the constitution has clearly spelt it out that any fund not appropriated or approved by the lawmakers cannot be tampered with by the executives. So, if that is the constitutional provisions, and it has been violated or breached, therefore, it follows that an impeachable off ence has been committed no matter the motive.

 

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