Impeachment is a constitutional process that allows for the lawful removal of elected government officials such as the President, Vice-President, Governors, and Deputy Governors before the end of their term if found guilty of gross misconduct. The Nigerian legislative arm, specifically the State House of Assembly, is responsible for impeaching government executives found guilty of gross misconduct.
The impeachment process for a state governor in Nigeria is outlined in Section 188 of the 1999 Constitution. Here are the steps for impeaching a governor:
Step 1: Allegation of Gross Misconduct
A written allegation of gross misconduct must be signed by at least one-third of the members of the State House of Assembly and presented to the Speaker of the House.
Step 2: Notification to the Governor
Within seven days of receiving the notice, the Speaker of the House is required to serve the state governor with a copy of the notice of allegation.
Step 3: Governor’s Right to Respond
The governor has the right to respond to the allegations. The response must be served to all members of the State House of Assembly.
Step 4: Motion for Investigation
Within 14 days of the presentation of the notice, the State House of Assembly shall resolve by motion, without debate, whether or not the allegations will be investigated. The motion must be passed by at least a two-thirds majority of the members.
Step 5: Panel Appointment
If the motion passes with the required majority, the Speaker shall request the Chief Judge of the State to appoint a Panel to investigate the allegations. The panel members must be politically neutral.
Step 6: Investigation and Report
The appointed panel has three months to investigate the allegations and submit its findings to the State House of Assembly. During the proceedings, the governor has the right to defend himself or be defended by a legal practitioner.
Step 7: End of Proceedings or Adoption of Report
If the allegations of gross misconduct cannot be proven, the impeachment proceedings are concluded. However, if the allegations are substantiated, the House of Assembly will consider the panel's report, and a resolution to adopt the report will be moved.
Step 8: Adoption and Impeachment
For the resolution to be adopted, at least two-thirds of the members of the House of Assembly must vote in support. If the resolution passes, the governor is impeached, and the motion to swear in the deputy governor is immediately moved and adopted.
This process ensures that the governor is held accountable for any actions that breach the Constitution or his duties, contributing to checks and balances within the Nigerian political system.
