The Imperatives Of Impeachment Procedure Against Gov. Raji Fashola, SAN: Charity Must Begin From Home

By Kayode Ajulo

I agreed with John Emerich Edward Dalberg Acton, first Baron Acton, when in his letter to Bishop Mandell Creighton in 1887, he wrote thus; "Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men."
 
I however wish to posit that our 1999 constitution acknowledges the above words of Lord Acton I, the reason the provision of Section 188 of the Constitution make it instructive for Governor Fashola and other 35 states governors and their deputies that there is only a thin line from honour and dishonour as anyone of them who desecrates the robe of honour is liable to wear the mask of disgrace in form of impeachment.

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The Governor of Lagos State, Babatunde Raji Fashola, a Senior Advocate of Nigeria was a man after my heart, despite our party difference; he has until now remains the pride of my noble profession and an indicator and promoter of the saying that "lawyers do it better".
 
Raji Fashola is rounding up his second and last four years term as Governor of Lagos State and has taken some decisions which, to my humble-self have made his profile rise, while to some, his second coming to rule the state has only indicated a detour in the area of developing the state as reflected in these two policy decisions; the controversy surrounding the collection of tolls on the Lekki-Epe Expressway and the hike in school fees of students of the Lagos State University, LASU.
 
My immediate concern is not on the actions or the omissions of Governor Raji Fashola of the centre of excellence in Nigeria but present infamy playing out as a fall out of Lagos State’s doctors strike action, particularly when view from the perspective that actions employed to resolve same have turned out to be a sheer technical and inattention conspiracy against the common people of the State.
 
The Governor has been reported to have ordered the sack of the striking doctors in Lagos State.
 
The decision of Lagos State Government was made in spite of its awareness of the suit filed by the doctors at the National Industrial Court seeking an order of injunction restraining the government from dismissing them from service.
 
The effect of the sack of the doctors is that Governor Fashola has illegally dismissed the doctors contrary to several decisions of the highest Court in Nigeria; the Supreme Court has held in the case of Ojukwu v Governor of Lagos State that a party that is aware that injunctive relief has been sought against him ought to refrain from doing anything to foist a situation of complete helplessness on the court and that if he does he acts at his own peril as the state government has done in this case.
 
The Supreme Court has also decided on the case of UNILORIN 44 which is on all four with the present dispute between Fashola and the striking doctors.
 
It is therefore worrisome that Governor Fashola is not only a governor by the provision of our Constitution but a Senior Advocate of Nigeria thereby making him to know better the effect of his present infamy; a clear violation of the law of the land.
 
I agreed with John Emerich Edward Dalberg Acton, first Baron Acton, when in his letter to Bishop Mandell Creighton in 1887, he wrote thus; "Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men."
 
I however wish to posit that our 1999 constitution acknowledges the above words of Lord Acton I, the reason the provision of Section 188 of the Constitution make it instructive for Governor Fashola and other 35 states governors and their deputies that there is only a thin line from honour and dishonour as anyone of them who desecrates the robe of honour is liable to wear the mask of disgrace in form of impeachment.
 
The Governor of Lagos State has wittingly violated the law of the land, desecrated the one of the laws of which he is a custodian of and I pray, charity must begin at home in these circumstances as his government is projected as one of the governments that propagate a progressive ideology and respect for the rule of law.
 
The price of such infamy in respect of the personality involved pursuant to Section 188 of Nigerian Constitution as amended is impeachment.
 
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment.
 
The word "impeachment" derives from Latin roots expressing the idea of becoming caught or entrapped, and has analogues in the modernFrench verb empêcher(to prevent) and the modern English impede. Medieval popular etymology also associated it (wrongly) with derivations from the Latin impetere (to attack). (In its more frequent and more technical usage,impeachment of a person in the role of awitness is the act of challenging the honesty or credibility of that person.)
 
The process should not be confused with a recall election. A recall election is usually initiated by voters and can be based on "political charges", for example mismanagement, whereas impeachment is initiated by a constitutional body (usually a legislative body) and is usually, but not always, based on an indictable offense. The process of removing the official is also different.
 
Impeachment was first used in the British political system. Specifically, the process was first used by the English "Good Parliament" againstBaron Latimer in the second half of the 14th century. Following the British example, the constitutions of Virginia (1776) and Massachusetts (1780) and other states thereafter adopted the impeachment mechanism, however they restricted the punishment to removalof the official from office. In private organizations, a motion to impeach can be used to prefer charges
 
The provision of Section 188 is for the purpose of checking the unrestrained behaviour any of the governors of the 36 states and their deputies in Nigeria.
 
This misbehaviour which is unlimited could be on misuse of their powers, violation of any law or misapplication of the huge resources of the state. The Section is also to protect the citizenry from a governor who may have forgotten the contents of his or her oath of office.
 
Having apparently violated the law, it is imperative that the law must take its course even if the heaven may fall as I pray that our legislators should have courage and wisdom to do what is just and right for the benefit of all.
 
Kayode Ajulo, ESQ.
ajulook@yahoo.com
 

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The word "impeachment" gets a

The word "impeachment" gets a whole new meaning when you read about its roots. I do believe he should be brought in front of justice, since he violated the laws. If charity begins at home, he should donate car to charity and all his belongings, which I'm sure are plenty.

I don't know when earning btw

I don't know when earning btw 200-400,000naira per month after many
years schooling and further training or earning less amount (80-150) became termed amassing wealth in Lagos where tax and
cost of living is always on the rise. The value
Of a Dr. cannot be put on moneyscale if you
really know the rigors of the profession.
seeking other means to make ends meet is also
indicative of something as you probably have
no idea how many hours a day is devoted to
making ends meet. I am seriously shaking my
head for the healthcare sector. People rem
health in terms of physical ailment but I bet mental
health is more important. If Dr.s have to be
Sick/ill/die while serving, who saves the Dr.?
Its just so unfortunate that the Gov only
listen to industrial actions that is why those
innocent people died. I hope they do not die
in vain.

whare is SNG and Tundemess

The father of Jonathan who became ill shortly after MEND attempted to assassinate him by blowing the building to rubbles with dynamite in Bayelsa state, left for abuja to stay with his son. Took ill shortly after he arrived abuja and was rushed to the Aso rock clinic. He died there. The president who had all the resources to fly his father abroad for treatment did not. He died in the Aso rock clinic OBJ lied to us that he built with billions of naira months after the incident. Here we are with Fashola who sacked doctors, whom SNG and occupy 9ja, often praise to the heavens as living a saintly life, now fly their dads abroad for treatment at the expense of the tax payers in lagos-Sonala and Okey would not see that one. If it were David Mark and Jonathan, Pius would have gone on to hire his thugs to ask Jonathan how David Mark was able to obtain visa to Israel without the consent of Buhari and Bakare.

The father of Jonathan who

The father of Jonathan who became ill shortly after MEND attempted to assassinate him by blowing the building to rubbles with dynamite in Bayelsa state, left for abuja to stay with his son. Took ill shortly after he arrived abuja and was rushed to the Aso rock clinic. He died there. The president who had all the resources to fly his father abroad for treatment did not. He died in the Aso rock clinic OBJ lied to us that he built with billions of naira months after the incident. Here we are with Fashola who sacked doctors, whom SNG and occupy 9ja, often praise to the heavens as living a saintly life, now fly their dads abroad for treatment at the expense of the tax payers in lagos-Sonala and Okey would not see that one. If it were David Mark and Jonathan, Pius would have gone on to hire his thugs to ask Jonathan how David Mark was able to obtain visa to Israel without the consent of Buhari and Bakare.

Not yet a matter of impeachment

With all due respect to Kayode Ajulo how could Fashola's non compliance of a court order automatically trigger an impeachment? The said provisions of Section 188 of our constitution is very clear and under these provisions nothing Fashola has done as yet constitutes valid grounds for impeachment. The process of initiating the process lies with the legislature the Lagos State House of Assembly which is implicit in the wording of Section 188 (2) (b) which states, "that the holder of such office is guilty of gross misconduct in the performance of the functions of his office". Now is Fashola's conduct as this stage a gross misconduct? Without putting the 'cart before the horse' suffice to say that if indeed it was a breach of a subsisting order as alleged why haven't the aggrieved parties sought the appropriate remedies from the court? Until that is done ipso facto there exists no compelling grounds for invoking the impeachment process at this stage.

Breaking News, Fashola sends his father to USA for medical

All you internet prowls sent by Fashola and ACN, we are not buying your rubbish.

If doctors are murderers, what do you call the kleptomanic governor and other politicians who steal the commonwealth of the people?

General Bosco Ntaganda, tell your paymaster that all of you will die in jail because of your crimes against humanity.

Fashola, who could not afford to keep his wife at home, is now so rich on the people's wealth that he now sends his father to USA for treatment.

God will punish all you idiots in this world, in your graves and in your deaths.

Yoruba people detest lies and

Yoruba people detest lies and unethical practices,and our elders know that. Then, what moral lesson will they be teaching the younger ones if they choose to be enlisted in the immoral venture of reinstating a judge who lied and engaged in unethical practices?

1)

Murderers and their acomplices! Look at warped reasoning at an abysmal degree. Firstly, This is not an attempt to support Fashola neither in wrong nor right. But let us examine the writers motives.

Fashola contravened the law, by sacking Drs that have an injuction against sack(talking about injuctions; Ibori had one). Therefore he should be impeached according to the law. Straight and simple! Hmmm! The Nigerian mind never stops to amaze me. It has become hazy if not dizzy. It´s capacity to differentiate btw right and wrong has been seriously impaired.

2)

Now let us assume we all possessed this hazy mind and that the writer is right (what appears to be so). But it can no longer hurt our already dizzy mind if we rummage inside it a bit to really make sure we are right. These Drs. striked becos they want better pay. Fashola has 2 options: He pays or he doesn´t. So why would he not want to pay? There are many options. He is just stingy, or the money is not there, may be he even wan to "chop am" by himself.

3)

The hazy mind will obviously assume the last option. So let us impeach him. Shikena! It would totally forget about the lives that are at stake and hold on to lying technicalities. Who do these striking murderers treat? Fashola and his family? Or Tinubu?

It will never remember that Fashola had an international injuction against these murderers and money worshippers. They swore to hold human life sacred. Now they are using human life as a shield in a battle for a better life. Who will impeach them? I´m not against the doctors. I even think they are entitled to a prosperous life (becos their job is very important to life). But this nonchalant attitude to the lives of all others -especially the poor and the weak- in pursuit of wealth for ourselves has been established as the norm in Nigeria.

last)

See, there is something that has been decided upon against the wicked in Nigeria. It is sickbed! Many of the elite, rulers, politicians and civil-servants will gather money wickedly but they will not be able to experience the comfort money affords. They will taste the agony of disease so long until a poor healthy life seems like paradise to them.

In conclusion, so choose now; if you are a doctor, civil-servant or governor (or politician-those ones have little chance, many of them will serve as example) . Wealth dripping with blood of the innocent and the corresponding sickness or the little you have in fear of God and health.

THEY SHD BE ARRESTED AND EXTRADITED TO THE I.C.C

Mr lawyer, abeg dont teach us nonsense. What court order restrained the LASG from visiting disciplinary measures on those mass murderers called doctors?? for the records, the only injunction they have was the one restraining LASG from taking measures against them for embarking on the 3 day warning strike. No injunction was ever granted to restrain them from being punished for embarking on their murderous indefinite strike action. i would have been surprised if indeed any sane judge would grant such genocidal injunction that would enable them sit in their private clinics for as long as they wished thus endangering the lives of the citizens. i once again call for the immediate arrest extradition and prosecution of these doctors at the I.C.C on charges of mass murder

You have said it as it is.

You have said it as it is. Fashola who is supposed to be a SAN has shown he is now so pompous that he has forgotten that he is put there by people and he would also be sacked by them. One thing is for sure, people have seen that PDP and ACN are two sides of the same coin.

My people need to emancipate themselves from these parties and vote for CPC or LP but never ACN again in Lagos.

Bunch of criminals except Oshinowo who said what executive arm of LASG did was illegal.

We must sack them all if the army won't come to the rescue.

SNG let us hear your voice if truly you want justice in Nigeria.

you,re correct my brother

psychologically am starting to see the real Gov.Fashola the previous term was just a cover-up. my thought now is, if people like Fashola where given chance to be nigeria's president he will be surely worst than mugabe of zimbabwe and am so sorry for the people of yoruba states. time in-time out we just keep on falling for these greedy minded politicians God save my people.
lagos state is now been run by a dictator.

PDP writer! No wonder, the PDP sychophants Deri....

PDP affair! The article is of the pdp, by the pdp and for the pdp, no wonder deri was so eager to comment. Was the strike legal? How many people died due to the doctors insesitivity. My aunt is inclusive and I believe it serves them right.

Well deserving of them!

Truth is Fashola damned d law but Nigerian doctors re rogues whom became doctors not by d passion to render service to d sick but to become wealthy. This brood if properly investigated, re in d majority, serial killers. It has bcom d norm for doctors to watch patients die with absolute impunity bcos of money. Fashola's action is well deserving of these impostors n he shld b emulated by all Governors to check d macabre trend of these guys whom re always breaking their hypocratic oath!

Actually ACN is a private

Actually ACN is a private business incorporated as a party instead of being incorporated as Action Congress Nation limited.... like the nation newspaper, the nation transport, the nation airlines, the nation hotels and the nation alpha beta.

You have said it all Kayode Ajulo

You have said it all Kayode Ajulo but you must also know that the criminals were selected by their master criminal Tinubu so there is nobody to move any impeachment process. They are all criminal from the governor to House of Assembly down to Local Government chairmen. South West is not a clueless, sentimental region like the South-South who see nothing wrong in moron Jonathan and cannot criticize him.

We praised Fashola before even when we knew he was just pretending to be good and now we shall bring him down for his criminal, selfish and draconian act. I have told people that i see nothing extra-ordinary in his little contribution to the state bcos it is all political gimmick to fool the people, please ask Fashola and ACN where is the Mega City?

I Laugh the laughter of OBJ.

I Laugh the laughter of OBJ. Nigerians are very gullible people. I am shocked that they could be taken in by the sweet talks of barons like tinubu who controls lagos state. And if given the chance ACN would do worse than Adolf Hitler in aso rock with Buhari in charge. Here is Fashola a lawyer defyin a court order. Thank God it was not PDP. Bakare, with his SNG and Occupy 9ja, would have been all over Lagos and Kaduna with their fake protest band. To Drum up support for regime change for Jonathan to enable Buhari take over the government again. But the good lord has a way of showing us the smelly, bad and ugly side of the rascals who often pretend to be angels at night in Lagos state-national confab now biko. Before ny people fall into another SNG trap-in the SS