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The lingering face-off between the Senate and the Executive assumed a new dimension on Thursday, as some senators called for the impeachment of President Muhammadu Buhari for alleged constitutional violations.
The is even as the Senate has commenced investigation into alleged constitutional breaches committed by the President regarding the withdrawal of $496 million from the Excess Crude Account for the purchase of military aircraft from the United States Government without National Assembly approval.
The resolution followed a motion moved by the Chairman, Senate Public Accounts Committee, Matthew Urhoghide (PDP, Edo State) who called on the upper legislative chamber to invoke Section 143 of the 1999 Constitution by impeaching the President.
Senate President Bukola Saraki who presided over plenary, referred the matter to the Committee on Judiciary, Human Rights and Legal Matters for legal advice.
Saraki ordered the panel chaired by David Umoru (APC, Niger State) to submit its report to plenary on Wednesday, May 2, 2018.
Moving the motion, Urhoghide submitted that it was procedurally wrong for the President to have withdrawn the fund without permission from the National Assembly.
He submitted that by the President’s action, Section 80 of the constitution has been grossly violated.
According to him, there are consequences for such gross violations of the constitution adding that the Senate should simply invoke section 143 to get the President removed from office.
Seconding the motion, Chukwuka Utazi (PDP, Enugu State) said the time has come for the Senate to invoke the impeachment clause to check against the series of abuse of financial regulation.
In his remarks, Senate President Bukola Saraki, recalled that the leadership of the Senate was informed of the proposal by the United States Congress as far back as August 2017.
While stressing that there has been a breach of the constitution, he wondered why it took President Buhari so long to inform the legislature.
He said: “We all agree that from what has been presented to us, there is a breach of constitution. The question is, what are the circumstances surrounding the breach of the constitution? Whether those circumstances justify the breach of constitution.
“I am sure you all remember that it was August last year we were on recess when I got the message from the US ambassador that the Senate Committee at the congress of the United States wanted to visit us because they got a request from President Trump to approve the payment of Tucanos but they need approval. Their Congress wanted to come to Nigeria to speak with their counterparts and we all had to come back from our vacation and I led the team with the House of Representatives members and members here and we met the members of congress on this issue.
“Between September and February, with all due respect, there was ample time for the executive to have carried us along on this issue. It was after we agreed in September that the US government went back to give approval to the executive to pay to their own government so they can go ahead and sell this equipment to Nigeria. If we all agree, I will put it to vote and refer the matter to the judiciary and give them a short period of time, that by Wednesday next week, they submit it”.
On Wednesday, Saraki had read a letter from Buhari seeking the approval of the National Assembly for the withdrawal of $ 496 million from the Excess Crude Account for the purchase of military aircraft.
Buhari, however, disclosed that the money had been withdrawn and paid to the United States for the 12 Super Tucano aircraft, ahead of National Assembly approval.
In his contribution, Sam Anyanwu noted that what the President has done was similar to the anticipatory spending for which former Senate President Chuba Okadigbo was removed.
He argued that the letter sent to the Senate by the President was an admittance of his guilt.
Anyanwu suggested that the provisions of the constitution regarding the breach be strictly applied to serve as deterrent to subsequent Presidents.
But the Senate Deputy leader, Bala Ibn Na’Alla, rose to suggest that the Senate should refer the matter to its Committee on Judiciary for legal advice.
