REPLY TO ALLEGATION OF GROSS MISCONDUCT IN THE PEFORMANCE OF MY FUNCTIONS OF MY OFFICE AS THE DEPUTY GOVERNOR OF ENUGU STATE

1. On Thursday 24 July 2014, a document headed “Notice of Allegation of Gross Misconduct in the Performance of the Functions of the Office of the Deputy Governor of Enugu State: Re: Mr. Sunday Onyebuchi” was posted at the gate of my private residence at 46 Savage Crescent, GRA, Enugu, signed by 22 Honourable members of the Enugu State House of Assembly, alleging that I am “guilty of various acts of gross misconduct in the performance of the functions of {my} office as the Deputy Governor of Enugu State.”
2. I thank you for giving me an opportunity to respond to the allegations set out in the said notice and will ask that you grant me time to give a brief background before I respond to the allegations.
3. I am a native of Isiogbo Nara in Nkanu East Local Government Area. Prior to my election as the Deputy Governor of Enugu State in 2007 I had put in 27 years of service in the Civil Service of Anambra/Enugu States where I rose through the ranks to the position of Permanent Secretary. I had served as a Social Mobilization Officer in the defunct Directorate of Social Mobilization. I also served as the Principal Private Secretary to the Governor, and finally, as the Commissioner for Works and Transport in the immediate past administration in Enugu State. During my time as a member of the State Executive Council, the present Governor of Enugu State, Barrister Sullivan Chime, was also a member of the State Executive Council in his capacity as the Honourable Attorney General and Commissioner for Justice. I had a very cordial relationship with Governor Chime.
4. In 2007, I was nominated by our party, the Peoples Democratic Party, as the running mate for Governor Chime, who was the party’s candidate for the post of Governor. We won the election and we were sworn in on 29 May 2007. I had an excellent working relationship with His Excellency, and during the campaigns of 2011 His Excellency acknowledged this and described me in a speech to the party’s supporters as a “reliable and loyal deputy who understands the working of government”. The Governor chose me as his running mate in the 2011 election. This election we also won.
5. With this background in mind I will now respond to the allegations of gross misconduct contained in the notice.
6. ALLEGATION NO. 1
ABUSE OF OFFICE
(a) The allegation here as I understand it is that contrary to a resolution of the Enugu State House of Assembly passed on 12 February 2013 prohibiting the maintenance and operation of commercial livestock and poultry farms within residential neighborhoods in Enugu metropolis, I continued to maintain and operate a commercial poultry farm within the premises of my official residence. It is also alleged that I refused to carry out the directives of officials of Government who came to monitor compliance with the said resolution.
(b) Permit me to start my response by saying that I was never served with any such resolution of the Enugu State House of Assembly nor was any such resolution ever brought to my notice by any official of the Enugu State Government.
(c) On assumption of office in May 2007, there was an existing official residence for the Deputy Governor of Enugu State. On inspection of the premises I observed that it had on its grounds an area designated and fenced as an Agricultural Unit, with facilities for amongst other things, a poultry farm. I commenced operation of a poultry on the premises in 2008 with technical support from ENADEP and the Commercial Agricultural Programme of the State Ministry of Agriculture. The said poultry farm was declared in my Asset Declaration and inspected by the Code of Conduct Bureau.
(d) It is important to state that the structure for the said poultry farm was built by Dizengorf WA Limited during the regime of late Chief M. I. Okpara. The first occupant of the premises was late Chief Nwodo and he operated a poultry farm there. Subsequent occupants of the premises, up to my immediate predecessor in office, operated poultry farms in the premises. Similar structures were built by Chief Okpara in most of what was then known as “Ministers’ Quarters”. Indeed, till date, the Government House, Enugu, also has an Agricultural Unit, larger than the one in my official quarters, where a large poultry farm continues to be maintained. The policy under the Okpara regime was to encourage public office holders to engage in farming especially poultry.
(e) No complaint of any environmental or health hazard from the said poultry was made to me or brought to my attention between 2008 and November 2013.
(f) On 27 December 2013, two letters were delivered to my office. The first letter dated 24th December 2013 with reference No. GHE/CAO/31/239 from the Chief of Staff to the Governor, was headed “Operation of a Commercial Poultry Farm in the Residence of His Excellency, the Deputy Governor”. It stated that the attention of Government had been drawn to the fact that I had “erected or built or permitted to be erected or built commercial poultry farm” within my official quarters “contrary to the Statutory Certificate of Occupancy purpose clause” which according to the letter required that the land be used for residential purposes only. The letter demanded that I take urgent and necessary action to stop forthwith the operation of the poultry in my official residence.
I attach and mark as Annexure 1 a copy of the said letter
(g) The second letter from the Chief of Staff was dated 27 December 2013 with reference No. GHE/CAO/31/240 and headed “Final Notice/Request to Stop or relocate the Commercial Poultry Farm in Official Residence”. This time, I was given 14 days to comply with the directive to relocate the poultry. I attach and mark Annexure 2 a copy of the said letter.
(h) My feelings about the two letters were made known in my response to the letters wherein I pointed out that
(i) both letter were delivered the same day, i.e., 27 December 2013;
(ii) the statement in both letters that my official residence was covered by a Certificate of Occupancy, containing a purpose clause to use the premises for residential purposes only, was untrue;
(iii) my official quarters had within it a section designated as an Agricultural Unit, including a portion used as a poultry farm which I had inherited from my predecessors in office.
For ease, I attach and mark Annexure 3 a copy of my said letter.
(i) I did not refuse to carry out the directives of the relevant officials of the Government. The main reason stated in the letters issued to me for requiring the relocation of the poultry farm was the fact that I was in breach of the purpose clause of the certificate of occupancy covering my official residence. I still say that there is no such certificate of occupancy in existence in respect of the Deputy Governor’s official residence.
I also wish to point out that in all the correspondence, no mention was made of any resolution of the Enugu State House of Assembly prohibiting the maintenance and operation of a poultry farm within residential neighborhoods in Enugu metropolis.
I did not also intimidate any official of the Government.
(j) Permit me to point out that on Monday 27 January 2014 officials from the Enugu State Capital Development Authority and the Ministry of Environment went to my official residence and carted away all the birds in my poultry farm in the presence of pressmen and journalists. My wife, my aides and I watched helplessly while the operation took place. Since then, I have not been told what happened to the over 3000 birds nor has anyone volunteered information on the subject.
(k) The pressmen and journalists (who were not invited by me), interviewed me and other officials of Government and in accordance with my right to freedom of expression guaranteed by the Constitution of the Federal Republic of Nigeria, I told them my own side of the story.
Besides answering questions from the journalists, I did not deploy the resources or powers of my office to castigate the Government or its officials, nor did I impugn or denigrate the authority or office of the Governor or embarrass the Government.
(l) Permit me to point out, that the operation of the said poultry had nothing to do whatsoever with the performance of the functions of my office as the Deputy Governor of Enugu State.
(m) I also wish to point out that in September 2012, I was instructed to vacate my official residence so that renovation work could be carried out on the premises. I duly complied with this directive and moved into my private residence. Till date, the renovation of the premises has been abandoned. I have not been provided alternative accommodation nor an allowance in lieu of accommodation. I have not complained or made a fuss about this in the belief that I should take such in my stride.
(n) I also wish to point out that resolutions passed by the Enugu State House of Assembly are not served on my office as the Deputy Governor or in any other manner brought to my attention. This is why I was not aware of the said resolution passed on 12 February 2013.
I therefore believe that based on my explanations set out above, I have not abused my office by maintaining a poultry farm in the portion of my official residence designated as a agricultural unit, nor did my reply to the letters from the Chief of Staff constitute intimidation of a government official. I did not also refuse to comply with a law or other lawful demand requiring me to relocate the poultry. I was not aware of the resolution of the House of Assembly referred to in the Notice. I was only waiting for a response on the submissions I made in my said reply, when officials of the Government came and carried out an operation in which the birds were carted away to a place which I have not been informed till today.
7. ALLEGATION NO. 2
DISOBEDIENCE TO THE LAWFUL DIRECTIVE OF THE GOVERNOR
The allegation here is that I habitually refuse, fail or neglect to carry out and or perform the functions of my office as directed by the Governor pursuant to section 193(1). I am said here to have breached the Constitution because on two named occasions I allegedly refused to represent the Governor at occasions I had been instructed to represent him.

Since I was elected the Deputy Governor of Enugu State in 2007 and following my re-election in 2011, I have represented His Excellency, the Governor at numerous events. The practice has always been that I am informed that I am to represent the Governor at an event in any of three ways:
a manifest is circulated showing my activities and the events I am to attend to represent the Governor.
I receive direct instructions from the Governor to represent him at events personally and the directives include, what I am to say and do;
When the Governor is on vacation, the Governor would usually ask/instruct me on the actions I can take on his behalf in his absence.
With due respect, it is not correct that on 11 March 2014 I refused the directive of the Governor to represent him at the flag off ceremony of the construction of the 2nd Niger Bridge in Onitsha by the President of the Federal Republic of Nigeria, President Goodluck Jonathan. The directive was duly conveyed to me and I complied with it. I was present throughout the ceremony and sat in a very prominent place where my presence was captured by television cameras and pressmen. Sitting beside me on the said date, was the Deputy Governor of Anambra State, His Excellency, Dr. Nkem Okeke. I have a video showing my attendance at the event. (See attached).

Let me start by saying that on June 9, 2014, HE the Governor commenced his 2014 annual vacation. This was made public through various news media. He did not tell me to take any action on his behalf pending his return, and I am not aware that he sent a formal letter to the Enugu State House of Assembly informing the House that he was proceeding on vacation. The Governor did not tell me to take any action on his behalf pending his return, neither did he tell me that he would pass instructions to me through a third party. I did not receive instructions from him personally, by phone or in writing asking me to represent him at the meeting of the South East Governors Forum that took place in Enugu on July 6, 2014. I did not have any reason not to represent him if he had so instructed me to do so. I do not think it is appropriate for a Deputy Governor to act in the absence of the Governor deriving authority from a subordinate or based on press release to the effect that the Governor handed over to his Deputy. (See attached)

When the Governor resumed duty after his vacation, I represented him at various occasions even after he had asked me to resign. On Friday 18, July 2014 I represented the Governor at the commissioning of the Power Training Institute at Oji River with the Hon. Minister of Labour, Chief Emeka Wogu. On Monday 21 July, 2014, while my impeachment notice was being signed by the Honourable members of the Enugu State House of Assembly at Government House Enugu, I was at Udi representing the Governor at the commissioning of the FRSC Academy at Udi with the then Corp Marshall, Osita Chidoka.

I wish to place on record the fact that when the Governor spent a prolonged period abroad in 2013, I held forte for him and represented him at various events. It is not correct to say that I have defied the Governor’s directives, or persisted in defying his directives.

I have over the years remained a loyal deputy, and it is a shame that it is merely a few months to the end of our second tenure that I have had these allegation leveled against me. I make bold to say that I have always considered the Governor a brother and a friend.

8. CONCLUSION

Our country is a budding democracy with a very bright future. His Excellency, Barrister Sullivan Chime has indeed been a blessing to Enugu State and there is a lot to be thankful to him for. There is no doubt that when two persons work together in the constitutional marriage termed Governor and Deputy Governor, misunderstandings will arise from time to time. The duty of the Deputy Governor is clear. It is to take instructions from and carry out the directives of the Governor.

I believe that in the past 7 years I have carried out the directives of my Governor to the best of my ability and faithfully avoiding rancor and quarrelling and complaining.

I am glad that none of the allegations against me border on corruption or fraud. I do believe in conclusion that I am not guilty of any act of gross misconduct to warrant the setting up of an impeachment panel.

Once again, I thank you for the opportunity given to me to reply to the allegations against me.

Sunday Chidi Onyebuchi
Deputy Governor
Enugu State
30 July 2014.

Ok

..

Chime is nothing but a bully who derives pleasure in victimising his subjects. The memory of the inhuman treatment melted out to his wife is still fresh.

This man sounds so humble and loyal. He will go far.
I like the conclusion most.
May God be with you Onyebuchi.

This man that some people were waiting for the news of his death is now victimising the deputy that stood for him . Some deputies should have bought over the House of Representatives to declare his seat vacant on health basics with mouth watering promises. Anyway, when death is calling a man, he starts victimising the wife.

Based on the reasons given for the impeachment notice, it appears that the Enugu State House of Assembly is peopled by dumb and clueless individuals.

Where are my Igbo brothers? If na Amaechi or any APC states una for don come out with una full regalia to bash on them

Chime, a political terrorist

8 years of rule, remove awarding fat contracts to Arab contractors (that's all he did!), what else will he be remembered for? -political terrorism...

-all legislators at national assembly, retire by fire by force. Only me and my girlfriend
-deputy, resign or face hell
-all trad rulers in the state, no ofalla till I've fulfilled my senate ambition and give trad title at your own peril
-first lady, ur mad (for asking me to zip up and for impreg sister), be confined to dungeon in govt house. Femi Falana to the rescue
-etc.
-etc.

Read...

The Political Terror Giving Birth To Chicken Impeachment
NigeriaJULY 25, 2014


By Okwudili Edeh
I gave him the option to resign. It has actually come to a point where we need to know who actually is boss because we can no longer work together. Let the House of Assembly do their job and see if, indeed, he is fit to remain as Deputy Governor. –Governor Sullivan Iheanacho Chime on the Deputy’s impeachment
Writing in the History of the Poleponnesian War, capturing the nearly three-decade struggle (431-404 BC) between the mighty Greek city-states of Athens and Sparta, Thucydides dramatizes the preluding dialogue (416-415 BC) to the notorious routing of Melos by Athens.
Whereas the Athenians offered the Melians to surrender and pay tributes to them or be utterly destroyed, the people of Melos on the other hand, stuck to their gods-given right to remain neutral in the power tussle between Athens and Sparta. They appealed to the Athenians’ sense of honour, decency, justice, and even mercy towards a tiny peace-loving, but powerless colony of Sparta.
To these the Athenians’ responded: “Of the gods we believe, and of men we know, that by a necessary law of their nature they rule wherever they can. And it is not as if we were the first to make this law, or to act upon it when made: we found it existing before us, and shall leave it to exist forever after us; all we do is to make use of it, knowing that you and everybody else, having the same power as we have, would do the same as we do…. The strong do as they can and the weak suffer what they must.”
Melos was eventually besieged and starved to surrender. They mercilessly slaughtered all male of military age they could find. The rest, women and children were sold into slavery, while was repopulated with people from their other colonies. Historian, Alan Ryan, described the it as “the worst atrocity committed by a usually decent society, but even more as one of the most famous assertions in history of the rights of unbridled power”.
The widely reported brazen acceptance by Governor Sullivan Chime of the responsibility of the ongoing theater of the absurd, aka Chicken Impeachment, in Enugu comes as another demonstration of impunity in modern times.
The motion adopted by the State Assembly partly read: “The Deputy Governor is guilty of various acts of gross misconduct in the performance of the functions of his office…. The particulars of gross misconduct are as follows:
“By a resolution of the Enugu State House of Assembly at its plenary on Tuesday, February 12, 2013, the Enugu State House of Assembly prohibited the maintenance and operation of commercial livestock and poultry farms within residential neighbourhoods in Enugu metropolis in promotion of public health standards; which resolution was further accepted by the Government for implementation.
“Notwithstanding the said resolution, the Deputy Governor continued to maintain and operate a commercial poultry farm within the premises of his official residential quarters.
“The Deputy Governor persists in defiance of lawful directives issued to him by the Governor, which defiance has adversely affected and will continue to affect the smooth running of the Government; and he will continue to do so if not removed from office.”
The Assembly listed such manifest breaches of the constitution to include his alleged refusal to carry out the directive of the Governor to represent him at the flag-off ceremony of the construction of the second Niger Bridge in Onitsha by President Goodluck Jonathan on March 11, and at the South-East Governors Forum held in Enugu on Sunday, July 8.
However, they forgot to include the major sin, which is that the Deputy Governor has declared his intention to run for the Enugu East Senatorial seat that Chime has reserved for his Chief of Staff, Mrs. Ifeoma Nwobodo.
Although Sunday Onyebuchi has not told his own side of the story, it is obvious Chime does not know the limit of his powers.  While he has the capacity to induce and coerce, he lacks the constitutional right to direct his Deputy to resign. Whereas the choice of deputy is that of a governorship/president candidate and the party, both are always elected on a joint mandate. Impeachment of one cannot be at the pleasure of the other, but of the freewill of the people acting on cogent grounds through their elected representatives in the Assembly. Right now, the Assembly members are acting on the orders of Governor Chime.
Two, available media reports (video and print) on the 2nd Niger Bridge event, show that the Deputy Governor was actually there from the beginning to the end. He sat beside Dr. Ngozi Okonjo-Iweala.
Again, why impeach the Deputy Governor more than six months after forcefully evacuating his 3,000 birds to God-knows-where, whereas the Governor himself runs large farms in the same Enugu State Government House? Even the usually quite Deputy Governor had upon the destruction of his poultry farm in January 2013 challenged the Governor’s Office to “deny that there is no bigger poultry, piggery and cattle ranch in the Governor’s (Chime’s) lodge.”
In fact, there is even an aggressive brownish monkey stationed at the entrance of the Governor’s Lodge, which keeps harassing unsuspecting ladies (although it is restrained with a long chain). Also, whereas the Deputy Governor’s defunct poultry was located in the designated Farm Unit of the Government House, the Governor’s ostriches and cows prowl the length and breadth of the Government House, defecating all over the place. The ostriches still chase visitors about as I write.
Indeed the alacrity with which a notoriously docile Enugu State House of Assembly, that only passed its first Private Member Bill since 1999 (Enugu State Investment Promotion Commission Bill) this in June 2014, swung into the impeachment action is very dismaying. The same Assembly looked the other way while the estranged First Lady of Enugu, Mrs. Clara Chime, was illegally detained and dehumnaised in the Enugu State Government House for over six months. It also lied to the world that Chime was on accumulated leave whereas it turned out (as was widely published) that he was battling for dear life overseas for about four months.
Yes, Chime can easily have his Deputy impeached (no thanks to our brand of democracy). But I doubt that he understands the great loss in reputation and political capital this unpopular move is already causing him. Worst still, this chicken impeachment comes less than a year after his second consecutive wife left him in scandalous circumstances. It is a global knowledge that he is in a running battle with members of the National Assembly for unilaterally decreeing that second term lawmakers would be retired in 2015- just to enable him snatch Ekweremadu’s seat and give the rest to his cronies; the current scandal has also reopened the scandalous carting away of his Deputy’s 3,000 birds last January; and his camp is already throwing verbal punches at t the Anglican Archbishop of the Enugu Ecclesiastical Province, Bishop Emmanuel Chukwuma.
But I know that although the rule of raw power as taught by the Athenians insists that “The strong do as they can and the weak suffer what they must”, it is both crazy and foolhardy to apply 415 BC rule to 21st century democracy. It is pure political terrorism and Chime should know that it ultimately backfires, for no man, however great or powerful could be greater than his people. Governor Chime should apply the brakes now or burn his fingers- like some others before him.
Okwudili Edeh lives in Enugu
http://www.spyghana.com/the-political-terror-giving-birth-to-chicken-impeachment/

Lol!!! This letter will easily draw Public sympathy towards the Deputy Gov'nor. The House of Assembly dumb sha... So, they couldn't come up with better allegations? Smh!!

Too bad for Gov Chime, flimsy excuse\accusation to impeach a humble deputy who stood for him when it was rough.

.

Though we are yet to hear from Governor Chime, this letter reveals nothing but a humble man treading on his own path. He has been going through a lot and yet kept quiet. His reasons are enough to create a public scandal and make newspaper headlines. I do not know what caused their rift, but Chime should give the man a break and stop listening to gossip from aides because I believe gossip resulted to this misunderstanding.

I doubt if the impeachement will sail through, Sunday Onyebuchi has been a loyal deputy to Chime. It is quite sad that chime thinks he can stop his deputy from his 2015 senatorial ambition because of one Mrs Nwobodo. Why not allow them to slog it out. Chime is becoming desperately wicked.

I'll be bak to comment,,let me read first.




After reading it,,all I can say is Sulivan Iheanacho Chime should tender his resignation letter or face impeachment from us "e-warriors",,,@least he has the support of the house of assembly,,now the deputy governor has gain our sympathy,so therefore we are ready to mount pressure on Chime to do the needful.

All these flimsy and silly reasons is why Chime wants to impeach him? The people are to blame, whatever happened to turning the table on him and recalling our dear governor... Rubbish.

I read everything and all i have to say that Politics is a game, and not everyone can play the game, If you are not strong, you will be kicked out of the game...

If na APC state now, flat heads for don dey rampage dey spill thier usual rehearsed jargons!!! Set of cinfused boot lickers

in 4 years time the d.govnor will surpass chime. wawa

Chime is dictatorial. Simple.

Chime is planning to spoil the good name he has built for these 7yrs just because of ambition.

He will regret this.

Chime, chime chime.. ..
Chai chai chai,
sunday onyebuchi you make mistake wallahi..
Chime shebi Wen you been get ebola- cancer shebi na him still protect your A** from removal..??
Shebi una done hear him own now.
Oya chime co terrorist (legislators) make una try cook anoda tory.
We day look.

Hmmm I feel for d deputy governor,power corrupts but absolute power corrupts absolutely.The Gods drive away flies from a tailless cow.
Oga deputy gov. Its time for u and ur wife to immerse urselves in midnight prayers so that d God of Elijah will fight for u.
U are humble to a fault may God continue to guide u,as of oga Chime I always admired u from a distance but this is d 2nd red card offence from u in so short a time.
Supposing ur deputy bowed down to pressure and took over from u in ur absence ,where will u be now?a word is enough for d wise pls treade with caution.