US embassy cable - 05LAGOS1781

C O N F I D E N T I A L SECTION 01 OF 02 LAGOS 001781 
 
SIPDIS 
 
STATE FOR AF/W 
STATE FOR INR/AA 
 
E.O. 12958: DECL: 11/22/2015 
TAGS: PREL, PGOV, NI 
SUBJECT: BAYELSA GOVERNOR SERVED WITH IMPEACHMENT NOTICE 
 
REF: LAGOS 1772 
 
Classified By: Consul General Brian L. Browne for Reason 1.4 (D) 
 
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SUMMARY 
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1.  (C) Barely forty-eight hours after returning to the 
country, embattled Bayelsa State Governor Alamieyeseigha was 
served with a notice of impeachment endorsed by most members 
of the State House of Assembly.  Bayelsa's politics just 
moved from hot to hotter.  By this move, the State Assembly 
initiated a process that could result in Alamieyeseigha's 
removal from office and his loss of immunity from 
prosecution.  The Assembly's move probably is the result of 
heavy pressure from Abuja.  However, Alamieyeseigha will try 
to mount pressure of his own to thwart the process.  Not 
surprisingly, the seventeen pro-impeachment assembly members 
are not currently in Bayelsa.  End summary. 
 
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BAYELSA ASSEMBLYMEN ACT WHILE IN LAGOS BECAUSE... 
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2.  (U) Two days after Governor Alamieyeseigha jumped bail 
and departed the UK disguised as a woman, the Bayelsa State 
House of Assembly served him with a notice of impeachment. 
Seventeen of the twenty-four member House endorsed the action. 
 
3.  (C) The Assembly had apparently moved forward with 
impeachment after reviewing a report by the Economic and 
Financial Crimes Commission (EFCC) detailing the charges 
against the Governor.  That the EFCC was threatening to 
investigate Assembly members probably gave them added impetus 
to take this move against the Governor.  Mission sources 
report the Assemblymen had in fact been brought to Lagos by 
the EFCC for questioning over their own financial 
irregularities, and were compelled to endorse the impeachment 
or face charges of their own.  The newly-designated Speaker 
of the House of Assembly, Peremobowei Ebibi, made the 
impeachment announcement in Lagos, where the House members 
had gathered, reportedly due to the declining security 
situation in Yenagoa following the Governor's return. 
Peremobowei and Deputy Speaker Bright Ereware assumed the 
lead Assembly roles just over a week ago, replacing former 
Speaker Boyelayefa Debekeme and Deputy Speaker Jephter 
Foingha, Alamieyeseigha loyalists who were removed from their 
leadership positions but currently maintain their positions 
as State Assemblymen. 
 
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THE IMPEACHMENT PROCESS 
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4.  (U) Removal of a governor is covered by Section 188 of 
the constitution.  Now that the Governor has been served, the 
House of Assembly is required to resolve by motion within 
fourteen days whether or not to move forward on the 
allegations listed in the notice.  Such a motion requires no 
less than two-thirds majority for adoption.  Should the 
motion be adopted, the Chief Judge of the State must, at the 
request of the Speaker of the House, appoint a seven-member 
panel within seven days to investigate the charges.  The 
investigation must be concluded within three months of the 
panel's appointment.  If the panel concludes the allegations 
have been proven, the House of Assembly must, within fourteen 
days of receipt of the panel's report, pass a resolution, 
again by not less than two-thirds majority, to remove the 
governor from office.  Therefore, unless the Governor 
resigns, the impeachment process could take roughly four 
months. 
 
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COMMENT 
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6.  (C) This is the latest step in a battle between Governor 
Alamieyeseigha and the Federal Government.  The Governor is 
clearly guilty of a litany of offenses but this struggle goes 
beyond legality.  It is also a political one and here the two 
sides may be on more equal footing.  Here, the Federal 
Government is guilty of being unpopular while Alamieyeseigha 
has some genuine popularity in his state although his cachet 
has diminished as the news of how he escaped has been 
revealed. 
 
7.  (C) Comment continued:  The impeachment action raises 
some tricky questions.  While the constitution is silent 
regarding where the Houses of Assembly must meet, one has to 
wonder how long "security considerations" can keep the 
Bayelsa House outside of the state.  The required two-thirds 
majority for impeachment is also critical, as a swing of only 
two assemblymen will be sufficient to block Alamieyeseigha's 
removal.  Surely, the Governor will find ways to pressure 
Assembly members and their families.  Also, the state chief 
justice has a role in the process and we do not know where 
his allegiances lie.  Last, we do not know how far the 
Governor will go with this caper as the prospects of 
confrontation between his loyalists and federal law 
enforcement peers just over the horizon.  End comment. 
BROWNE