VATLAD: Aircraft Purchase: Let Those Who Want Buhari Impeach Prove “Guilty Mind”, Period!

Anti-corruption group, Vanguard for Transparent Leadership and Democracy (VATLAD) has said that the onus is now on the Senators and members of House of  Representatives, to prove the “Guilty Mind” of President Muhammadu Buhari in the emergency purchase of US military aircrafts.

This is coming following the controversy which the reported failed by Buhari to seek National Assembly approval before purchasing the $496m super Tucano fighter jets and the subsequent call for impeachment of President Buhari had generated.

VATLAD’s National President, Comrade (Engr) Odafe Emmanuel Igbini, in a statement made available to BigPen Online on Thursday said that relevant Section of the Constitution which the NASS members rely on to accuse President Buhari of committing breach cannot be given ordinary or literal meaning.

He explained that the Section does not give ordinary meaning to the operative word “Gross Misconduct” which is the offence that must be necessary and sufficient ground for a President or Vice President of Nigeria to be removed from Office.

Igbini, an engineer by profession said that Mr Buhari may not have followed the due process of withdrawing money from the Excess Crude Account but such is not sufficient ground to consider impeachment insisting that “Gross Misconduct” is the offence that must be necessary and sufficient ground for a President or Vice President to be remove from office.

He argued that if President Buhari only offence is his failure to seek the NASS’s approval to spend from an illegal and unconstitutional Excess Crude Account (ECA), what if he had sought their approval and gotten same, would that have legitimise an illegal and unconstitutional Excess Crude Account (ECA)?

The statement read in part; “Section 143 of the 1999 Nigerian Constitution, as amended, that some respected Senators and Members of House of Representatives rely on to accuse President Buhari of committing breach of the Constitution and therefore guilty of impeachable offence (Gross Misconduct), cannot be given ordinary or literal meaning as these respected members of National Assembly want Nigerians to believe and accept. It is a fact that words don’t often convey true intentions.

“It is very instructive and imperative to remind Nigerians that the words of Section 143 of the 1999 Nigerian Constitution, as amended, cannot and must not be given an ordinary or literal meaning because even section 143(11) of the 1999 Nigerian Constitution, as amended, does not give ordinary meaning to the operative word “Gross Misconduct” which is the offence that must be necessary and sufficient ground for a President or Vice President of Nigeria to be removed from Office.

“Prima facie, President Buhari did not follow the due process of withdrawing money from the Excess Crude Account but such is not sufficient ground to consider impeachment of the President of Nigeria. This certainly is not the intention of the makers of our Constitution.

“We also know that we cannot put something on nothing and expect it to stand. Excess Crude Account is not known to Nigerian Constitution, therefore a crime cannot be committed for what does not exist in our law and punished by our law. I refer us to relevant Supreme Court Decisions.

“Section 143(11) of the 1999 Nigerian Constitution, as amended, further emphasised that “Gross Misconduct” be interpreted as   “grave misconduct”. This implies that any offence alleged against any incumbent Nigerian President, Vice President, Governor or Deputy Governor must have very serious negative implication that affects the generality of the 200 million Nigerians or population of the State and not just to few Senators or members of the National Assembly or House of Assembly of a State.

“From all sincere interpretation, “grave or gross misconduct” as envisaged by the Constitution of Nigeria, is a crime that must have all the elements of criminal offence, particularly the “Guilty Mind’ (Mens Rea) of the accused person that must be proved beyond reasonable doubt. It is the law that an accused person is not guilty of an alleged criminal offence unless the three elements of crime which include Mens Rea (guilty mind) must exist simultaneously and have been proved beyond reasonable doubt before a competent Court of Law or Jury, lawfully established.

“The onus is now on the Senators and members of Representatives, to prove the “Guilty Mind” of President Buhari in the emergency purchase of these US military aircrafts that 200 million Nigerians urgently needed and need to destroy the terrorists that are daily violating the  territorial integrity of Nigeria, to kill and massacre Nigerians, almost on daily basis.

He said that the Nigeria government was already at war with external and internal forces and so must use every available resources to wage the war and win it.

“There is no doubt that these Terrorists have declared full scale military war against our country, Nigeria. We are at War, no Nigerian in good conscience should deny this bitter fact.

“No Nigerian whose family member has been slaughtered, shot, butchered and bombed by these Terrorists in Benue, Borno, Nasarawa, Delta, Enugu, Kaduna, Adamawa, Ekiti and others States would not support the decision of President Buhari on this matter. Anything done to secure their lives, it just, lawful and constitutional. They who felt and feel it, know it better.

“Is it not a fact that the President Buhari on several occasions invited and met with the Leadership of this National Assembly where they all agreed on the urgency to purchase military equipment for our Armed Forces? Is it not a fact that this National Assembly agreed and approved that these military aircrafts be bought from the United States of America after years of embargo by the US?

“The Senators and members of House of Representatives must also prove to Nigerians that the money withdrawn for the purpose of the purchase of these aircrafts have been misappropriated or looted.

“This is the only evidence that will provoke 200 million Nigerians to demand the impeachment of President Buhari.

“Recall that on April 25, 2018, I advised our Distinguished Senators and Hon. members of House of Representatives against this impeachment plan. I stated that it is imperative to remind members of the National Assembly that by provision of section 217(2), the National Assembly, through its (NASS) Act must adequately and effectively equip and maintain our Armed Forces to defend Nigeria from external aggressions as we have sadly been experiencing for years now.

“President Buhari (Chief Security Officer of Nigeria) has said it loud and clear, that these terrorists are not Nigerians but men well trained by former Libya Leader, Gaddafi, before his unexpected death.

“It is a fact known to all that Libya, under Gaddafi, had the best trained and equipped officers and men of Armed Forces in Africa. Most of these Libyan Officers and men are the terrorists invading our country, today.

“It is also a fact that officers and men of the Nigerian Armed Forces deployed to defend Nigeria from these external aggressors (terrorists) are not adequately and effectively equipped thereby exposing them to their enemies to be killed.

“Our officers and men should not be sent on suicide missions rather they should be deployed and adequately equipped to defend our country and return back safely and gallantly.

“In addition, while I agree and encourage the National Assembly to courageously and patriotically commence process of impeachment against any President of Nigeria, if allegation of “gross misconduct” is lawfully made, I however hold so strongly that this decision taken by President Buhari does not in any interpretation amount to ‘gross misconduct” moreso that President Buhari has now officially informed and sought the consideration and approval of the National Assembly to regularise the purchase.

“Instead of focusing on impeachment proceeding against President Buhari for allegedly not first obtaining formal approval of the National Assembly before authorising such withdrawal of money, the National Assembly should immediately commence investigation of the purchase of these aircrafts with a view to ascertaining whether they are worth the amounts paid or not.

“The Government of United States of America should be invited and interrogated since the aircrafts are reported to have been sold by the US. Sections 88 and 89 of the 1999 Nigerian Constitution, as amended, imposes the duty to expose corruption and fraud on the National Assembly with a view to avoiding another $2.1b Arms scandal now being investigated by the Federal Government of Nigeria”.

Story by Julius Eras-Olabowu