Ogun Assembly bars Daniel from holding public office

The Ogun State House of Assembly (OGHA) yesterday listed fleeing former Governor Gbenga Daniel in its Black Book (OGHAAB) and barred him from occupying public office in the future either in the state or anywhere in Nigeria.

Daniel’s sins, according to the OGHA, is that he did not only instigate the pre-dawn contravention of the orders of the OGHA by eight minority lawmakers led by Soyemi Coker last September 6, but also committed state resources into the "inglorious" project to the tune of N167.5m.

The House said it discovered upon investigation by a 10-man panel, headed by the Deputy Speaker, Mr Remmy Hazzan (Odogbolu), that Daniel released the said sum to the minority lawmakers between September 6, 2010 and May 2011 for their "illegal sittings" and "illegal decisions" through the Accountant- General (A-G) of the state.

The former governor was nominated for inclusion in the dreaded Black Book by Hon. Olawale Hassan Alausa, representing Ijebu-Ode state constituency, and he was supported by Hon. Abiodun Akovoyon (Ipokia) as the House wound up the Sixth Legislative Assembly around 4:52 pm yesterday.

In justifying the nomination, Alausa posited that it would amount to a miscarriage of justice if the eight minority lawmakers have their names listed on the OGHABB while that of the "architect" and "financier" is left out.

When subjected to voice vote on the floor of the Assembly by Speaker Tunji Egbetokun, all the G-15 lawmakers supported the inclusion of Daniel’s name on the OGHABB for allegedly aiding and abetting the overthrow of an arm of government through "unconstitutional" means.

Others who made the OGHABB list and were equally barred from holding any public office in Ogun State or elsewhere in Nigeria were the eight lawmakers loyal to Daniel.

They are Hon. Bakenne Fasiu Adewale (Abeokuta South), Ayo-Odugbesan Edwards (Ijebu North), Adegbesan Joseph, Coker Soyemi Emmanuel, Kojeku David Sunday and Bankole Durotolu.

The affected lawmakers were declared "personal non grata, unfit for any public office anywhere in the Federal Republic of Nigeria" and were recommended for "further investigation and prosecution by the EFCC and the ICPC."

Kobojunkie:

OK . .  and how exactly did the Ogun State House of Assembly get this power to ban citizens in such a way? By the way, na now dem wake up?

oyewolejos:

Where were u when the Assembly was locked down during the past 7 months or so?
This is the first time the Assembly will sit and they did what was just and fair.

All the allegations are substantial. Moreover the Assembly has the power to ban anybody so get a correct constitution if yours is upside down

Ileke-IdI:

This is unnecessary. All they (be it the people of Ogun state or the people that appoints politicians for political offices) need to do is not vote him in.

I dout OGD has the power to ban Daniel from ever holding office. He's a citizen with his own democratic rights. If they cannot punish him legally, then they ought to just siddon somewhere.

Kobojunkie:

Here's what you need to know. The reason we have laws and a Constitution, is so no one group can come together to create for themselves powers that are not assigned to them by the Constitution or law of the land.

7 months lock out does not AUTOMAGICALLY bestow on the house of assembly the power to ban anyone from occupying seat of position in the future. It is this kind of AGBERO politics that got the house locked in the first place, and it should not be condoned.

By the way, where in the Constitution, do you claim this power to ban ANYBODY resides? Please include the exact paragraphs for us to read.

oyewolejos:

Do u mean OGHA?
I doubt if you know jack about the genesis of the crisis between the Assembly and the Executive.
Section 128 subsection 2 of the 1999 constitution is clear on this matter and i quote in bold
The powers conferred on a House of Assembly under the provisions of this section are exercisable only for the purpose of enabling the House to -

(a) make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and

(b) [b]expose corruption, inefficiency of waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it[/b].

All the allegations are impeachable offences but because the House was locked down they couldn't impeach him until he left so they are left with no choice but to ban him from holding Public Office in the future. If anybody thinks otherwise they should approach the Court.

cameronese:

Whether the constitution make provision to ban or not, some things are clear.

1.That this man run a complete failed government - You can see the evidience by just driving
past Ibafo, Imowe, Shagamu, Sango Otta and Ijebu Ode.

2. That this man embessiled the state fund beyound measure.

3. That this man contravened the rule of law in dealing with the state assembly.

4. That this man ran away like a deliquent housewife immediately after his tenure.

oyewolejos:

Thats what people here don't get. That offence alone is impeachable. But they are happy that Etteh was acquitted by the House of Rep.
Ogun Assembly out of all the Assemblies standout during the last dispensation and they deserved ovations not bashing from people ignorant of Legislative matters.

oyewolejos:

I doubt if you know jack about the genesis of the crisis between the Assembly and the Executive.
Section 128 subsection 2 of the 1999 constitution is clear on this matter and i quote in bold
The powers conferred on a House of Assembly under the provisions of this section are exercisable only for the purpose of enabling the House to -

(a) make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and

(b) [b]expose corruption, inefficiency of waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it[/b].

All the allegations are impeachable offences but because the House was locked down they couldn't impeach him until he left so they are left with no choice but to ban him from holding Public Office in the future. If anybody thinks otherwise they should approach the Court.

Seun:

@Kobojunkie: reading the article, it's more of a declaration than a binding ban.  According to the actual article, they are "declaring OGD and co to be persona non grata, unfit for public office, and recommended for further prosecution by EFCC".  This is something any Nigerian can do.

Kobojunkie:

Oh, I get that but I am asking why this -- Why this route? Why not hand him over to the right authorities? Why not ensure the man spends his life in jail for crimes committed? We have laws that if implemented would ensure this man does not get away with what he did to the state, and the assembly, so why not pursue that? What is the essence of the "unfit for public office" portion of this, for lack of a better word, charade?

The EFCC is already on the man's case, so what does this add? Where exactly is it stated that this aids EFCC in anyway? What of the State starting it's own case against the man, apart from the EFCC?

The Illinois Constitution provides for impeachment in Art. IV, Sec. 14 as follows:

“SECTION 14. IMPEACHMENT

The House of Representatives has the sole power to conduct legislative investigations to determine the existence of cause for impeachment and, by the vote of a majority of the members elected, to impeach Executive and Judicial officers. Impeachments shall be tried by the Senate. When sitting for that purpose, Senators shall be upon oath, or affirmation, to do justice according to law. If the Governor is tried, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence of two-thirds of the Senators elected[b]. Judgment shall not extend beyond removal from office and disqualification to hold any public office of this State. An impeached officer,whether convicted or acquitted, shall be liable to prosecution, trial, judgment and punishment according to law.”[/b]

Illinois Impeachment Only Used Once Before

Impeachment is a seldom-used power which begins the process of removing an elected official from office. It has actually only been used once in the history of Illinois in 1832 involving Justice Theophilus W. Smith of the Illinois Supreme Court. Justice Smith was impeached by the Illinois House, but was not convicted by the Illinois Senate. Unlike the US Constitution which gives some guidance as to grounds for impeachment, (high crimes and misdemeanors) the Illinois Constitution does not require any specific reasons to justify the impeachment of an official. It is a quasi-judicial process conducted by a political body.

The Impeachment Process
The process begins in the House of Representatives with an investigation. The House acts somewhat like a grand jury. It gathers evidence, and based upon that evidence determines charges against the elected official. Those charges are brought before the entire House. If a majority of the House votes in favor of the charges of wrong-doing against an elected official, the official is considered impeached. The term impeachment refers to the bringing of charges.

After the House of Representatives votes for impeachment, the Senate begins consideration of the impeachment charges. A process much like a courtroom trial takes place in the Senate. The Senate adopts special rules of procedure for the impeachment trial. The Senate then hears evidence from witnesses brought in to testify under oath regarding the impeachment charges. In the case of the impeachment of a Governor, the Chief Justice of the Illinois Supreme Court is the presiding officer.

A conviction on the impeachment charges occurs when a two-thirds majority in the Senate votes to convict the official of the charges. The only penalty that can be imposed on the impeached official by the Senate is removal from office and disqualification to hold future public office in Illinois. If there is any associated criminal conduct, prosecution with criminal penalties would need to be by the appropriate law enforcement agency.


Read more at Suite101: Illinois Moves to Impeach Rod Blagojevich: The Impeachment Process Explained | Suite101.com http://www.suite101.com/content/illinois-moves-to-impeach-rod-blagojevich-a85380#ixzz1OQ02MbDS