Human rights activist, Mr. KeneChukwu Okeke, MCSD, on Monday prayed Justice Chukwudi Charles Okaa of the Anambra State High Court sitting in Awka, the Anambra State capital, to compel the State House of Assembly to initiate impeachment proceedings against Governor Willie Obiano. Okeke in a motion on notice marked A/606M/2019 accused Obiano of “grossly misconducting himself in a manner that breached the express provisions of Sections 121 & 124 of the 1999 Constitution of the Federal Republic of Nigeria (amended)”.

The rights activist had six months ago, in a suit marked A/462/2018 sued the Executive Governor of Anambra State and the House of Assembly on the need to implement the financial autonomy clause guaranteed for the Judiciary and Legislature (co-ordinate arms of government) vide Section 121 of the 1999 Constitution of the Federal Republic of Nigeria (amended). He cited alleged constitutional breaches by the Governor and the House of Assembly, and further threatened to compel the House of Assembly to the commence impeachment proceedings against the Governor, should the lawmakers fail to act accordingly.

In the motion on notice, the rights activist further contends that in flagrant violation of the 1999 Constitution, Governor Obiano “laid the Anambra State 2019 Appropriation Bill which contains the budgetary estimates of the Judiciary and Legislature (as prepared by the Executive Governor) before the House of Assembly and the subsequent release to the legislative and judicial arms in quarterly tranches, by the executive arm, the amounts standing to the credit of the Judiciary and the Legislature which is therefore illegal and unconstitutional.”

He submitted that the proper procedure is for the Judiciary and the Legislature to prepare their independent budgets or estimates, and any amount standing to the credit of the Judiciary is charged upon the Consolidated Revenue Fund of the State i.e. statutorily transferred to the heads of the Courts, and that of the Legislature will stand transferred to the account of the House of Assembly.

Okeke also alleged that Governor Obiano in abusing section 120 (2), (3) of the 1999 Constitution, started spending from the public tills without a valid appropriation bill properly laid before the House of Assembly in accordance with the Constitution. The rights activist is seeking an order of the court “to compel the House of Assembly to begin the impeachment process, the House of Assembly having turned a blind eye to the illegality being perpetuated by the Executive Governor amidst the former’s refusal to impeach Governor Obiano based on the alleged constitutional infractions.”

The pending applications in the suit are further praying the court for “an order striking down the Anambra State 2019 Appropriation Bill for being illegal and inconsistent with the express provisions of Sections 121 & 124 of the 1999 Constitution of the Federal Republic of Nigeria (amended).”

Governor Obiano was further accused of treating the orders of the court with a great disdain and abusing the constitution of the Federal Republic of Nigeria at will, particularly from the angle of the observance of the Fundamental Objectives and Directive Principles of State Policy as contained under Chapter II of the Constitution.

The court adjourned till October 3, 2019 for the hearing of the suit.

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