A human rights activist, Mr. KeneChukwu Okeke, on Monday, in a motion on notice marked A/606M/2019, asked Justice Chukwudi Charles Okaa of the Anambra State High Court sitting in Awka, to compel the House of Assembly to initiate impeachment proceedings against Governor Willie Obiano.
He accused Obiano of allegedly “grossly misconducting himself in a manner that breached the express provisions of Sections 121 & 124 of the 1999 Constitution of the Federal Republic of Nigeria (amended)”.
Okeke had six months ago, in the suit marked A/462/2018, sued the Governor and the House of Assembly on the need to implement the financial autonomy clause guaranted for the Judiciary and Legislature (co-ordinate arms of government) vide Section 121 of the 1999 Constitution of the Federal Republic of Nigeria (amended).
In the motion on notice, the activist contended that in flagrant violation of the 1999 constitution, Obiano laid the Anambra State 2019 Appropriation Bill, which contains the budgetary estimates (prepared by the executive) of the Judiciary and Legislature before the House of Assembly.
According to him, the subsequent release by the executive to the legislative and judicial arms in quarterly tranches, is illegal and unconstitutional.
He submitted that the proper procedure is for the Judiciary and the Legislature to prepare their independent budgets or estimates and any amount standing to the credit of the Judiciary is charged upon the Consolidated Revenue Fund of the State i.e. statutorily transferred to the heads of the Courts, and that of the Legislature will stand transferred to the account of the House of Assembly.
Okeke lamented that Obiano of allegedly abusing section 120 (2), (3) of the 1999 Constitution by spending from public tills without a valid appropriation bill properly laid before the House of Assembly in accordance with the Constitution which is the governing laws.
Obiano was also accused of treating the orders of the court with a great disdain and abusing the constitution of the Federal Republic of Nigeria at will, particularly from the angle of the observance of the Fundamental Objectives and Directive Principles of State Policy as contained under Chapter II of the Constitution.
The pending applications in the suit are further praying the Court for “an order striking down the Anambra State 2019 Appropriation Bill for being illegal and inconsistent with the express provisions of Sections 121 & 124 of the 1999 Constitution of the Federal Republic of Nigeria (amended).”
The case was adjourned till October 3, 2019 for the hearing.
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