Dufugha faults assembly’s removal of Sagbama chairman
The Bayelsa State House of Assembly must explain how it reconciled the removal of the Sagbama Local Government Chairman, Mrs Allen Tangi, with the Constitution and a reported subsisting court order, publisher Francis Dufugha has said.
Dufugha, publisher of the Niger Delta Herald, described the assembly’s decision to remove Tangi and her deputy, Sufade Tobi, over alleged gross misconduct as troubling, particularly if the lawmakers acted while an injunction restraining such action remained in force.
Nathan Tamarapreye, Yenagoa
The Bayelsa State House of Assembly must explain how it reconciled the removal of the Sagbama Local Government Chairman, Mrs Allen Tangi, with the Constitution and a reported subsisting court order, publisher Francis Dufugha has said.
Dufugha, publisher of the Niger Delta Herald, described the assembly’s decision to remove Tangi and her deputy, Sufade Tobi, over alleged gross misconduct as troubling, particularly if the lawmakers acted while an injunction restraining such action remained in force.
The Assembly approved the pair’s removal on Tuesday following allegations that Tangi failed to submit monthly income and expenditure reports, spent public funds without first presenting an annual budget and repeatedly failed to appear before the House.
Announcing the decision, the Speaker, Abraham Ingobere, said the Assembly was acting pursuant to Section 22, subsections 6 and 7 of the Bayelsa State Administration Law 2000.
But Dufugha said the legal basis for the removal could not be divorced from the constitutional obligation to obey valid judicial orders.
“If that order was still valid and subsisting at the time of the Assembly’s action, then the issue is no longer merely political,” he said.
He argued that a court order remained binding until it was set aside by a competent court, adding that any party dissatisfied with a judicial decision should challenge it through established legal channels rather than disregard it.
Dufugha said the controversy had raised broader questions about respect for the judiciary and the rule of law, warning that no political office holder or government institution was above the Constitution.
He also cautioned against what he described as the selective application of constitutional provisions for political ends.
Referring to Section 109(1)(g) of the 1999 Constitution, as amended, which deals with circumstances under which a legislative seat may become vacant following defection, Dufugha said constitutional provisions should not be applied against political opponents while being overlooked when they affect political allies.
He urged the Assembly to publish the allegations of gross misconduct against Tangi and ensure that she was given a fair hearing before any disciplinary action was taken.
“The law must not bend because the powerful are involved,” he said.
Dufugha further challenged the lawmakers to demonstrate the independence expected of a democratic legislature rather than allow the Assembly to be perceived as an instrument of any arm or faction of government.
He warned that lawmakers who knowingly disobeyed a valid court order could face legal and constitutional consequences.
“Being a lawmaker does not confer immunity from the law. Indeed, lawmakers should be the first to obey the law because they are entrusted with making laws for everyone else,” he said.
The publisher said the people of Sagbama had a legitimate interest in the leadership of their council and urged the Assembly and other authorities to ensure that any action concerning the council complied with the Constitution, judicial orders and other applicable laws.
He also warned that the dispute could deepen political tensions in the area, stressing that political power was temporary while democratic institutions were expected to endure.
The controversy has also been linked to allegations that Tangi declined to join Governor Douye Diri and his political associates in defecting to the All Progressives Congress, although the claim has not been established as the reason for her removal.
