Monday, 29 August 2016

DILMA ROUSSEFF IMPEACHMENT TRIAL; CAN THIS HAPPEN IN NIGERIA?


Today, while watching the trial of suspended Brazilian President, Dilma Rousseff, I was filled with amazement and wonder; imagining how possible that would be in Nigeria.

Dilma Rousseff was suspended in May, following an the commencement of impeachment proceedings against her. She is to stand trial before the Legislature to defend herself on the allegations leveled against her. This system is different from that of Nigeria. In Nigeria, the President (or the head of the executive arm of the state government, which is the state governor) would still occupy office during the period of the impeachment proceedings. The President will also not stand trial before the legislature. Rather, the president may choose to appear before a panel of investigation set up by the legislature.
My concern however, is with the proceedings. What I saw was the hallmark of checks and balances- strong institutions. Can such a scenario happen in Nigeria? When I say "scenario", I mean the President being impeached, checked or subjected to democratic institutions.; not necessarily standing trial before the National Assembly. It should be noted that I am not calling for the impeachment of anyone. I am only thinking in the abstract.
The legal framework of the country (Nigeria) permits such from happening but extra legal factors would make it impossible. Things like politics, ethnicity, religion, the powers and resources which the president wields will make it difficult. The ruling party will not make it easy. If the APC could describe the alleged budget padding issue as a family affair, then what would happen if the president is to be impeached? Would the National Assembly be secure if they try to initiate proceedings? Let us still remember what happened in 2014 when the police invaded the National Assembly over the defection of the then Speaker of the House of Representatives. What would happen if the president, who controls them and other security agents) is to be impeached? Given that Nigeria is a ciuntry with ethnic distrust, the ethnic group of the president would begin to cry discrimination. The religious adherents of the perinstitutionsson who is the president will also cry foul. If the president decides to use his powers to subvert impeachment proceedings, he can frustrate everything.
The institutions need to be stronger; stronger than persons (including the president). For this to happen, persons must learn to strictly respect laws, and not what their bosses say (when it is illegal), although it is difficult. To make it easier, laws should be made to make certain stakeholders and power players autonomous from the executive arm of government. Moreso, laws should be made to empower persons (especially security agents) able to disobey illegal orders and not suffer as a result.
I always maintain that institutions are made up of human beings. For institutions to be strengthened, individuals must be made to follow the laws which govern these institutions. They must also be protected from any negative backlash from following the law.

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