The process of impeaching a governor in Nigeria is governed by the constitutional framework established in the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Naija News reports that this legal procedure is designed to remove a governor from their position due to serious misconduct or other defined reasons.
According to Section 188 of the 1999 Constitution, the impeachment process is initiated when a minimum of one-third of the members of the State House of Assembly endorse a notice of allegation.
This notice is subsequently submitted to the Speaker and formally delivered to the governor.
Below are step-by-step processes followed before a Governor is impeached in Nigeria:
1. Grounds for Impeachment
The Constitution provides specific grounds for impeaching a governor, including:
Gross misconduct: Violation of the Constitution or a breach of the public trust.
Incapacity: Physical or mental inability to perform the functions of the office.
Misappropriation of funds: Financial misconduct or abuse of office.
2. Initiation of the Impeachment Process
Petition: A written allegation of gross misconduct or other grounds must be submitted to the State House of Assembly by at least one-third of its members (Section 188 of the Constitution).
Details of Allegations: The petition must clearly state the specific allegations against the governor.
3. Notice of Allegations
The Speaker of the State House of Assembly must serve the governor with a written notice of the allegations.
The governor is given seven days to respond to the allegations in writing.
4. Investigation of Allegations
If the governor responds or fails to respond within seven days, the House of Assembly resolves whether to investigate the allegations.
A panel of seven persons is appointed to investigate the allegations. The panel members must:
Be of “unquestionable integrity.”
Not be members of the House of Assembly or public officers.
Be appointed by the Chief Judge of the state.
5. Panel Report
The panel is given a specific time to investigate and submit its findings to the House of Assembly. If the panel finds the governor guilty of the allegations, the House of Assembly votes on impeachment.
If the panel finds the governor not guilty, the process ends.
6. Voting on Impeachment
The House of Assembly must pass a resolution to remove the governor by a two-thirds majority of all its members. The vote must be conducted in an open session, and the Speaker must sign the resolution.
7. Removal from Office
If the resolution is passed, the governor is immediately removed from office. The Deputy Governor assumes the office of the governor, as stipulated in the Constitution.
8. Judicial Review
The impeached governor may challenge the impeachment process in court if they believe it is unconstitutional or flawed. The court has the authority to nullify the impeachment if due process is not followed.
Key Considerations
Due Process: The impeachment process must strictly follow constitutional provisions to avoid legal challenges.
Political Influence: Political considerations often influence Impeachment processes in Nigeria, leading to controversies.
Public Opinion: Public sentiment and media coverage may play a role in shaping the outcome of the process.
Naija News understands that this process ensures that the removal of a governor is conducted transparently and per the rule of law. However, it is often a contentious and politically charged procedure.
