I Exploring the Politics of Impeachment in Nigeria's Presidential System
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Exploring the politics of impeachment in Nigeria’s presidential system: Insights from selected states in the Fourth Republic, 1999-2007 Omololu Michael Fagbadebo A dissertation submitted in fulfilment of the requirements for the award of degree of Doctor of Philosophy in Political Science, University of KwaZulu-Natal, 2016. i Exploring the politics of impeachment in Nigeria’s presidential system: Insights from selected states in the Fourth Republic, 1999-2007 Omololu Michael Fagbadebo Supervisor: Professor Suzanne Francis Declaration I, Omololu Michael Fagbadebo, declare that this study is my original work and that it has not been submitted for the award of any degree or examination at any other university. All the sources that I have used have been fully acknowledged and referenced. The dissertation is submitted in fulfilment of the requirements for the award of degree of Doctor of Philosophy in Political Science, University of KwaZulu-Natal, 2016. Signature. Date. March 16, 2016 ii Dedication To the glory of the Almighty God; and, my wife, Funke, children, Dominion, Victor and Marvellous iii Acknowledgments A doctoral dissertation is a culmination of a long period of journey in education and training; God is the Creator of the path divinely designed for His own specific purpose. To Him alone I give the glory, honour, praise and adoration. God used a set of people who facilitated this journey through the provision of the necessary human and material resources. My supervisor, Professor Suzanne Francis, deserves a pride of place as a worthy mentor. Her incisive contribution, as an expert in the field of legislative studies and political elites, provides me with the necessary insights that build up this dissertation. I appreciate you. I appreciate my initial primary supervisor, Dr Alison Jones, who offered her invaluable assistance at the first stage of this dissertation. I would like to acknowledge Professor Frederick Oye Ogunbadejo, who trained me in the art of academic writing. With the euphoria of my journalistic writing, he discovered a hidden potential and polished it with all the necessary nudging. Dad, I owe you my gratitude. Friends and colleagues, numerous to mention, lend their supports in the course of my study. I appreciate you all. Pastor Temitope Banso, Pastor and Pastor (Mrs.) Olorunda, I appreciate your prayers. Ministers and the entire congregation of Redeemed Christian Church of God (RCCG), Greatness Assembly, Ondo in Nigeria; Dunamis Faith Assembly, Pietermaritzburg, and, His Grace Assembly, Howick, South Africa, deserve special mention for their prayers and support. I also recognise the resilience of Dr Adeoye Akinola; I appreciate your love and care. I appreciate the cooperation of the people I interviewed in the course of my fieldwork. Prof. Mojeed Alabi aroused my interest in legislative study. He offered me the opportunity that facilitated my practical experience in the field of legislative practice in Nigeria. I appreciate all colleagues and friends in Nigeria, the United States and South Africa, whose actions, one way or the other, provided the necessary impulse to forge ahead. All the above would have been mere wishes without the support of my wife, Funke, and children, Dominion Toluwalope, Victor Toluwanimi and Marvellous Toluwalase. God blesses me with this rare set of people whose prayers and ceaseless words of encouragement continually provided the strength to complete the journey. As the gatekeepers at the home front, their supplies fueled the journey. I appreciate your loving and caring thoughts all the time. The emotional attachment boosted my strength. iv List of Tables Table 1 Nigeria’s position in the Corruption Perception Index 1999-2014. Table 2 Typologies and the various causal factors of impeachment in Latin America Table 3 Likely shields and threats to presidential terms Table 4 Distribution of votes among the political parties in Kaduna State in the 1979 general election Table 5: Nigeria’s Human Development Index (HDI) and Ranking, 1999-2013 Table 6 Nigeria’s Fragile/Failed State Index 2005-2015 Table 7 Nigeria’s MO Ibrahim Index for African Governance Table 8 Some of the bank accounts controlled and operated by former governor of Bayelsa State, late Diepreye Alamieyeseigha in the United Kingdom between 1999 and 2005 Table 9 Money laundered by former governor of Plateau State, Joshua Dariye, between July 2003 and March 2004 through Joyce Bamidele Oyebanjo Table 10 Records of allegations of impropriety against former governors of selected states between 1999 and 2011 Table 11 Three cases of prominent godfather-godson relationship, 1999-2007 Table 12 List of impeached Governors, 1999-2007 Table 13 List of impeached Deputy Governors, 1999-2007 Table 14 Membership of the Bayelsa State House of Assembly by their political parties, 1999-2007 Table 15 The nature of shields provided in the cases of impeachment in Anambra, Bayelsa, Oyo and Plateau States Table 16 The rate of turnover of Speakers of Delta State House of Assembly, 1999- 2007 Table 17 Ibori’s properties discovered by the UK Metropolitan Police List of Figures Figure I: A cartoon that illustrates the body language of an Nigerian politicians towards public appointment Figure II A cartoon that illustrates the perception of the Nigerian politician to public appointment v Abbreviations AD Alliance for Democracy AG Action Group APC All Progressive Congress APGA All Progressive Grand Alliance CDC Constitution Drafting Committee CRF Consolidated Revenue Fund EFCC Economic and Financial Crime Commission GNPP Great Nigeria People’s Party ICPC Independent Corrupt Practices and other related offences Commission LP Labour Party NCNC National Convention of Nigerian Citizens NEPU Northern Elements Progressive Union NNDP Nigerian National Democratic Party NPC Northern People’s Congress NPN National Party of Nigeria NPN National Party of Nigeria NPP Nigeria’s People’s Party PDP People’s Democratic Party PPA Progressive Party Alliance PRP Peoples’ Redemption Party PRP Peoples’ Redemption Party UPN Unity Party of Nigeria UPP United People’s Party vi Abstract This study, through extensive empirical fieldwork research through interviews, interrogates the politics associated with the exercise of the power by the legislature to remove heads of the executive branch of government in the Nigerian presidential system. The study draws insights from the cases of impeachment in some selected states from 1999-2007. Through the frameworks of structural functionalism, elite and legislative role theories, the study analyzed the behaviors, attitudes and dispositions of the Nigerian political elite towards the exercise of requisite constitutional powers. The findings of the study show that external influence weakens the institutional capacity of the legislature to effectively exercise its oversight power over the executive. The prevalence of patron-client politics encouraged a selective application of impeachment provisions as an instrument of political vendetta and harassment. This has weakened the oversight power of the legislature thereby engendering accountability problems. It also deepens the crisis of governance because of the failure of the relevant institutional framework to tame unethical behaviour exercised by the political elite. Additionally, the Nigerian presidential system is unable to deliver public goods through an integrated institutional process. Policy outputs run contrary to the institutional framework that is supposed to provide the requisite capacity for the promotion of good governance in their exercise of political power, the political elite exploit institutional structures and processes at the expense of the public. This has evolved into a political culture that undermines good governance. The study therefore recommends the need for multiple measures of accountability, a truly independent judiciary, legislative independence and a reorientation of the people’s perception of political power. vii Table of Contents Declaration ii Dedication iii Acknowledgments iv List of tables and figures v Abbreviations vi Abstract vii -------------------------------------------------------------------------------------------------------------- Introduction to the Study 1 Chapter One: Problem Statement, Context and Methodology 12 Chapter Two: Presidential Systems: Comparative Features and Characteristics 32 Chapter Three: The evolution and development of Presidential System in Nigeria: Practice 72 and Problems Chapter Four: Structures, Actors and Legislative Roles in the Nigerian Presidential System: 102 Contents and Context Chapter Five: Impeachment in Nigeria’s Fourth Republic, 1999-2007: Analysis of Cases 139 and Empirical Findings Chapter Six: Patron-Client Politics and the Politics of Impeachment in Nigeria’s Fourth 186 Republic Chapter Seven: Deciphering the politics of impeachment in Nigeria: Sacred cows and the 224 scourge of gross misconduct Chapter Eight: Summary, Conclusion and Recommendations 251 Bibliography 265 Appendices 309 viii ix Introduction to the Study The central focus of the political scientists in the study of the state is power. With ‘a legitimate monopoly of coercive power’ exercised within a defined territory, the state is concerned with how to generate and employ power (Fukuyama, 2015, p.12). The exercise of power, therefore, is directed towards the promotion of the public interest. Harold Lasswell’s definition of politics as ‘who gets what, when and how’, as well David Easton’s (1957) conception of politics as the ‘authoritative