Abstract
Oxford Advanced Learners Dictionary define impeachment as a legal Proceeding against a Public Official, asserting that because he committed offense, he should be removed from office. Section 143 of the 1999 Constitution as amended in 2011 empowered the National Assembly with Power to impeach the President of Nigeria on the ground of misconduct and upon adoption by two-third majority of the National Assembly, Also section 188 of the 1999 Constitution also empower the House of Assembly of a State to impeach the Governor on the ground of misconduct by two-third majority of the State Assembly. This study, through extensive doctrinal fieldwork research, interviews, investigates the politics associated with the exercise of the power by the legislature to remove heads of the executive branch of government in the Nigerian presidential system. The study draws insights from the cases of impeachment in some selected states from 1999-2019. Through the frameworks of structural functionalism, elite
CHAPTER ONE
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INTRODUCTION
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1.1 Background of the Study
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The concept of
impeachment process originated from England, dating to the medieval times and
afforded the only means whereby an adviser of the crown could be brought to
account by the House of Commons. The House of Lords heard the charges and gave
its verdict2. The American Constitution Makers were impressed by the
impeachment procedure in England and therefore provided for it in the United
State’s Constitution as well3. Similarly, the framers of the Nigerian
Constitution 1979, were also impressed by the provisions of impeachment process
in the United State’s Constitution and 26ÂÂÂ
decided to provide for same in our Constitution and this they did with
some modifications to suit Nigeria’s peculiar purposes. In the same vein, the
framers of both the 1979 Nigerian Constitution as well as the present 1999
Constitution of Nigeria, provided for impeachment process as a check against
any gross misconduct against the President and Vice President4 or against the
Governor and his Deputy.
It
should be noted that in spite of the early historical development of
impeachment process in England and United States spanning over several
centuries ago, the process has been sparingly invoked. Impeachment of
Presidents had been attempted thrice in the history of United States. In 1868,
impeachment proceedings were commenced against President Andrew Johnson but his
impeachment was not upheld by a single vote and he remained in office. Government institutions and structures operate upon the
strength of the individuals occupying available positions. As locus of state
power, these institutions function within the confine of the law.This study
considers the exercise of the constitutional power of the legislature to
monitor the policy process through a disciplined and responsible executive. The
constitutional capacity of the legislature to remove head of the executive branch
is a control measure to instill discipline in the exercise of power. Extant
provisions of the Nigerian constitution empower the legislature to control
public policy with a view to ensuring good governance. The drafters of the
constitution constructed the statutory oversight responsibilities of the
legislature with a view to guaranteeing transparency and accountability. The
constitution empowers the legislature to exert maximum weapons of political
discipline of impeachment against members of the executive found guilty of
“gross misconduct†in the course of the discharge of assigned responsibilities.
Sections 143 and 188 of the constitution stipulate a procedural process for the
removal of the leadership of the executive at the federal and state levels
respectively. This is necessary in view of the provisions of section 308 that
bars institution of any civil or criminal proceedings against the leadership of
the executive while in office. The impeachment provision is a constitutional
measure designed to discipline erring members of the executive in cases of abuse
of office. This study explores the interplay of power in the governing
institutions in Nigeria’s political system. It involves the understanding of a
web of interactions among political elites both within and outside a political
structure. Thus, analysis of the politics associated with impeachment requires
the examination of the activities of different political actors operating in
different political structures assigned to perform certain statutory roles in
the political system. The study focuses on the power relation between the
legislature and the executive drawing insights from the state.
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1
section 188 of the 1999 Constitution of Nigeria
2
Sections 143 and 188 of the constitution of Nigeria