INTRODUCTION
1.
Section
130. Of the 1999
constitution provides
a Presidentfor the federation .
Upon which the President shall be the Head of
State, the Chief Executive of the Federation and Commander-in-Chief of the
Armed Forces of the Federation. A president can be removed from office through
the process of impeachment.
DEFINATION
OF IMPEACHMENT
Most
impeachment were brought for alleged “high crime, and misdemeanors” which means
different offences at one time or the other. In the Nigerian 1999 Constitution,
impeachment offence is “gross misconduct.” Gross misconduct has been aptly
defined by the Constitution in section 188 (11) as
"gross misconduct" means a
grave violation or breach of the provisions of this Constitution or a
misconduct of such nature as amounts in the opinion in the House of Assembly to
gross misconduct.”
A presedent can be removed from office due
to gross misconduct. and the process for
his removal is clearly stated in 143. Of the 1999 constitution (1) The President or
Vice-President may be removed from office in accordance with the provisions of
this section.
(2) Whenever a notice of any allegation in
writing signed by not less than one-third of the members of the National
Assembly:-
(a) is presented to the President of the
Senate;
(b) stating that the holder of the office of
President or Vice-President is guilty of gross misconduct in the performance of
the functions of his office, detailed particulars of which shall be specified,
the President of the Senate
shall within seven days of the receipt of the notice cause a copy thereof to be
served on the holder of the office and on each member of the National Assembly,
and shall also cause any statement made in reply to the allegation by the
holder of the office to be served on each member of the National Assembly.
(3) Within fourteen days of the presentation
of the notice to the President of the Senate (whether or not any statement was
made by the holder of the office in reply to the allegation contained in the
notice) each House of the National Assembly shall resolve by motion without any
debate whether or not the allegation shall be investigated.
(4) A motion of the National Assembly that the
allegation be investigated shall not be declared as having been passed, unless
it is supported by the votes of not less than two-thirds majority of all the
members of each House of the National Assembly.
(5) Within seven days of the passing of a
motion under the foregoing provisions, the Chief Justice of Nigeria shall at
the request of the President of the Senate appoint a Panel of seven persons who
in his opinion are of unquestionable integrity, not being members of any public
service, legislative house or political party, to investigate the allegation as
provide in this section.
(6) The holder of an office whose conduct is
being investigated under this section shall have the right to defend himself in
person and be represented before the Panel by legal practitioners of his own
choice.
(7) A Panel appointed under this section shall
-
(a) have such powers and exercise its
functions in accordance with such procedure as may be prescribed by the
National Assembly; and
(b) within three months of its appointment
report its findings to each House of the National Assembly.
(8) Where the Panel reports to each House of
the National Assembly that the allegation has not been proved, no further
proceedings shall be taken in respect of the matter.
(9) Where the report of the Panel is that the
allegation against the holder of the office has been proved, then within
fourteen days of the receipt of the report at the House the National Assembly
shall consider the report, and if by a resolution of each House of the National
Assembly supported by not less than two-thirds majority of all its members, the
report of the Panel is adopted, then the holder of the office shall stand
removed from office as from the date of the adoption of the report.
(10) No proceedings or determination of the
Panel or of the National Assembly or any matter relating thereto shall be
entertained or questioned in any court.
(11) In this section -
"gross
misconduct" means a grave violation or breach of the provisions of this
Constitution or a misconduct of such nature as amounts in the opinion of the
National Assembly to gross misconduct.
The procedure for removal
must be commenced by a notice of allegation in writing and signed by not less
than one-third of the members of the legislature in line with section 143 (2)
or 188 (2). Such notice of allegation must state that the executive is guilty
of gross misconduct in the performance of his office, with details specified.
The notice will then be presented to the Speaker or President of the Senate who
is the head of the legislature. The writing notice is in form of petition.
Within seven days of receipt, the head of the legislature must ensure service
of written notice on the indicted executive and each member of the legislature,
in addition to any statement made in reply to the allegation by the indicted
executive, which must also be circulated among members of the assembly. In
other words, the indicted executive may make a reply to the Speaker or Senate
President to enable him circulates same within the seven days or not less than
fourteen days. Whether or not any statement was made by the executive in reply
to the allegation, the House must within fourteen days from the day notice of allegation
was presented, resolved by motion without any debate whether or not the
allegation shall be investigated. And if the facts alleged are sufficient, the
House may resolve to proceed to refer the matter for investigations. Such
resolution must be by two-third majority of the House. After that, within seven days of a motion
that the allegation against the President or the Governor be investigated, the
Senate President or Speaker must request the Chief Justice of Nigeria or Chief
Judge of a state to appoint a panel of seven persons who in his opinion are;
(i) of unquestionable integrity, (ii) not member of any public service, and
(iii) not member of any legislative or political party, to investigate the
allegation in accordance with the provision of the Constitution –section 143
(5) and section 188 (5). The panel of seven may be referred to as a “Committee
of Enquiry” into the allegation against the indicted executive. The panel,
within three months will then turn its report over to the House of Assembly
that the allegation has not been proved or that the allegation has been proved.
The House shall within fourteen days consider the report. If the report of the
panel is that the allegation has not been proved, no further proceedings shall
be taken in respect of the matter –section 143 (8) and 188 (8). However, if the situation is otherwise and by
a resolution of the House supported by votes not less than two-third of all its
members the report of the panel is adopted, then such an executive shall stand
removed from the date of the adoption of the report –section 143 (9) and
section 188 (9). The votes of the House are expected to be on the fact as well
as on the law and the possible questions are: (i) did the executive do what he
is charged in the allegation paper, (ii) if he did, did that allegation
constitute an impeachable offence within the meaning of gross misconduct in the
constitution. It is significant to note that the decisions on impeachment
proceedings are passed by the legislature, and approval does not lie to any
court of law –section 143 (10) and 188 (10) if carried out in line with
provisions of the constitution. If, however, it is not carried out in line with
the provision of the Constitution, then a competent court has jurisdiction to
inquire into the procedure adopted by the legislature. The success of the
impeachment process has implications beyond the person or office of the
impeached executive alone. For instance, all special assistants/advisers
appointed to assist him in the performance of his duties are obliged by the
constitution to leave/cease when the executive ceases to hold office section
151 (1) (3). However, in the case of the Secretary to the government of the
State or the Federation, he is constitutionally entitled to return to the
public service from where he was appointed, Federal or State if he so desires.
Reference
1.
The Nigerian 1999 constitution
Blacks law dictionary
constitutional law in nigeria by Ese Malemi
