IMPEACHABLE OFFENCES OF THE DEPUTY GOVERNOR OF BAYELSA STATE HON. PEREMOBOWEI EBEBI

214, Uselu-Lagos Road, P. O. Box 10577, Benin City, Nigeria
Tel/Fax: + 234 52 600165 Email: eraction@infoweb.abs.net

We wish to call the attention of the Bayelsa State House of Assembly to the several impeachable offences of the Deputy Governor of Bayelsa State, Hon. Peremobowei Ebebi. It is gratifying to note that the Deputy Governor was sometime Speaker of the House, and has not doubt as to what offences are impeachable in respect of the high office occupied by him in the present dispensation.

Permit us to recall that the impeachment clause is a major weapon and a practical demonstration of the principles of checks-and-balances in the 1999 Nigerian Constitution. The President, Vice President, Governors and Deputy Governors, who are shielded from prosecution from criminal and or civil charges (in their personal capacities) while in office as contained in the provisions of section 308 of the constitution, can only be removed from office through impeachment. The practical intent of Section 308 is meant to protect the aforementioned office holders from frivolous litigations that could otherwise distract them from the business of governance.

As a check against abuse of power in the execution of their offices, the legislature is empowered under section 188 of the constitution (in case of Governors/Deputy Governors) and section 143 (in case of President/Vice-President) to remove such an erring political office holder covered by immunity against prosecution of any kind under Section 308. It then follows that for the affected political office holders to face prosecution, they would have to be first removed from office by the legislature (with a theoretically stringent two-thirds majority of all members of the legislature) in accordance with provisions of sections 188 or 143 of the constitution as the case might be.

The provisions of Sections 188 (11) and 143 (11) state further that what constitutes a gross misconduct warranting impeachment is a violation of the provisions of the constitution or whatever so amount to gross misconduct in the opinion of the legislature. It is clear that the impeachment process is not meant to be subject to any judicial veracity of the alleged constitutional breaches and or gross misconduct. While the truth of such impeachable offences may not survive the test of normal judicial trial in a court of competent jurisdiction, the process is arguably meant to serve a political antidote to an nebulous shield provided the public office holders under Section 308.

What is clear however is that obvious potential checks provided in sections 188 and 143, evidence of plundering of state funds and even commission of heinous crimes such as murder by political office holders who enjoy immunity under Section 308 have been elicited by the report of State Security Service (SSS) and Economic and Financial Crime Commission (EFCC) in various reports.

The Deputy Governor of Bayelsa State Hon. Peremobowei Ebebi under the relevant Sections of the Constitution has committed impeachable offences. Some of the grounds for impeachment are as follows:

While in office, Hon Ebebi has built/ acquired about Fifty Houses (50) in strategic locations only in Yenagoa. A conservative estimate of these property is estimated at N10. 8 billion. He is widely adjudged the richest politician in Bayelsa State. In Port Harcourt, Hon. Ebebi owns 2 Housing Estates and dozens of houses built with the stolen money from Bayelsa State. Ebebi also has about 3 filling Stations in Yenagoa and more than 4 Houses in Calabar, Cross Rivers State. Ebebi also has also made substantial investments in stocks and bonds. His wife Mrs. Tikere Ebebi is building a multi-million naira hotel at BayBridge Road in Bayelsa State. Ebebi’s LATIK HOTEL along INEC Road is one of the most expensive hotels in Yenagoa. Amidst this stupendous wealth, the masses are denied basic amenities in his Constituency at Ekeremor, where most communities drink water from the stream. It is trite to argue that the Deputy Governor has used his position to influence the award of contracts to cronies without Due Process. This constitutes a ground for impeachment. These properties/assets were not declared at the Code of Conduct Bureau, and this is akin to lying under oath (perjury) and the D/Governor-being a legal practitioner himself knows the consequences.

On more than 2 occasions, the Deputy Governor requested for and was paid huge sums of money under the guise of going for medical check-up abroad, once in London and another in the United States of America. Unfortunately, after obtaining the estacodes, the Deputy Governor never made any of the trips and did not refund the Money. This constitutes an impeachable offence. This bears similarity with the case of the impeached Deputy Governor of Bauchi State was found guilty of collecting double estacodes while on a trip to Saudi Arabia for pilgrimage. In that case The deputy governor had exceeded his powers and authority by collecting estacodes at two different times in respect of a single trip during the 2008 Hajj exercise. The N2.8 million was approved for him by the Ministry of lands and survey, while $33,600 was paid to him from the office of the Deputy Governor. In the case of the Deputy Governor he received the estacodes but did not embark on any of the trips.

a). On November 4th, 2008, the D/Governor through his Head of Protocol, applied to lead a delegation of Four Delegates to the United Kingdom for the International Peace Conference (ILC). From 16 TH to 25 th November, 2008. Accordingly, a total sum of Eleven Million Naira (N11,000,000.00) was approved for the trip. The Money covered Estacode, Return Ticket, Incidental, Accommodation and Course Fee. (Vide: approval memo)

b). On January 7 th 2009, His Excellency, the Deputy Governor of Bayelsa State and Four other delegates in a trip to Pennsylvania, United State to attend the 2009 “Farm Show” from the 9 th to 18 th January, 2009. The sum of Twenty Three Million, Nine Hundred and Forty –One Thousand Naira Eight Hundred and Ten Naira (N23, 941, 801.00) was approved for the trip, covering Estacode, Return Ticket, Incidental, and Accommodation. (Vide: approval Memo).

c). On February 6 th, 2009, His Excellency, the Deputy Governor of Bayelsa State, via his Head of Protocol, applied for Medical Treatment in Germany. The D/Governor travelled along with Four Others and the sum of Sixteen Million Naira (N16, 000,000.00) was approved for that trip, covering Estacode, Return Ticket, Incidental, Accommodation and Medical Fee.

d). Our Investigations revealed that the Deputy Governor collected Estacodes of (N16, 000,000.00) for the medical trip meant for himself and 4 others and never travelled to Germany for the proposed of medical treatment. There is no verifiable evidence that the Deputy Governor Hon. Peremobowei Ebebi actually made the trips for which he collected huge ESTACODES. This is not only deceitful but also a conduct

The PDP Primaries of November 28, 2009 was only used as an excuse to vent his pent up anger on the Governor. At the Ekeremor Local Government Council, some commissioners were believed to have opposed the Deputy Governor’s choice of candidate for the Chairmanship. Among those opposed to Ebebi’s choice one Bekis Etifa - Commissioner of Youths and conflict Resolution, Comrade Jonathan Lokpobiri – the Ijaw Youth Council Chairman (Bayelsa Central). Having lost out in the Primaries, Ebebi felt his office was diminishing and his empire was collapsing like a pack of cards. He rented a crowd of militants and miscreants to protest against the elections, who shot, and defaced the billboards of Governor Timipre Sylva and the Peoples Democratic Party (PDP) on which platform he ascended to power. Besides , the protest was carried out without police permit. The Deputy Governor shot a young man believed to be against his candidate and the fate of the boy almost lost his life. Rt. Hon. Peremobowei Ebebi is neither a Policeman nor a member of the Joint Military Task Force (JTF), but possessed a gun to shoot a person. The names of the persons mentioned here are alive to testify. The hiring of militants to bring the Government to disrepute, deface PDP bill boards and its attendant mayhem to cause the breach of the peace is an impeachable offense. It is a clear case of a security officer unleashing chaos in his State.

We are aware that since October, 2009 till date several Pressure Groups and Civil Society Organizations have written petitions in both local and national papers including the online media levying allegations of misconduct, undesirable of his high office. We are surprised that in spite of these barrage of petitions and allegations made against him, he has remained silent, and in law silence is acquiescence. The weight of the allegations would have compelled him to reply to the petitions or defend himself, since he is a servant of the people of Bayelsa State. On the strength of these allegations and the criminal of the Deputy Governor, we wish to pray as follows:

That the Deputy Governor of Bayelsa State Hon. Peremobowei Ebebi has used the influence of his office for self-enrichment through the award of contracts contrary to the tenets of the Due Process laws of the Nigeria. The practice also negates the laws pertaining Code of Conduct Bureau and the Economic and Financial Crimes Commission. His conduct has not only diminished his office; it is capable of bringing the government and people of Bayelsa State into disrepute.

That the Deputy Governor of Bayelsa State Hon. Peremobowei Ebebi collected ESTACODES at various times to travel abroad: Germany, Great Britain and the United States without embarking on such trips. This conduct is not only fraudulent but capable of corrupting the entire bureaucratic apparatus of the State. Fraud and collecting money under false pretence constitutes a criminal offence under the laws stipulated in the EFCC Act and other laws guiding the conduct public officers.

That the Deputy Governor of Bayelsa State Hon. Peremobowei Ebebi recruited militants and paid them to embark on violent protest, which led to the breach of the peace. He also personally shot a man unwilling to join the protest hence he illegally possesses weapons, since he is neither a Policeman or a Soldier. This action attracted to the government and people of Bayelsa State negative publicity, which has created a negative impression to frustrate Foreign Direct Investment that could have been attracted to the State.

May we State unequivocally that if the Deputy Governor does not defend himself against the aforementioned allegations within 14 days, the Honourable House of which you are Speaker should commence impeachment proceedings against him. On our part, we have resolved that the move to entrench good governance in all Niger Delta States cannot be compromised. Therefore, if the Bayelsa State House of Assembly fails to commence impeachment proceedings after the stipulated time, we may be left with no option that to mobilize all segments of Bayelsa State to engage in what may amount to civil disobedience.

With due respect to your highly esteemed office, Mr. Speaker, we trust you will use your good offices to avert the impending CIVIL DISOBEDIENCE AND ITS ATTENDANT CRISIS.

Best wishes as you consummate your statutory responsibilities with due diligence.