How To Impeach/Remove Governor Or Deputy-governor Of A State In Nigeria. Daily Law Tips (Tip 441) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
Governor and Deputy-Governor of any state in Nigeria are elected top most executives. Any of them can be removed from office for Gross Misconduct. GROSS MISCONDUCT is serious violation or breach of the constitution of Nigeria or any other misconduct that in the opinion of the members of the House of Assembly of the state is a gross misconduct.
Steps for removal/impeachment of a serving Governor or Deputy-Governor of a state are clearly stipulated in the constitution of Nigeria. For convenience, in this tip, the Governor or Deputy-Governor of a state will be referred to as “holder of office” The steps and procedure for removal or impeachment of a Governor or Deputy-Governor, are;
- There must be a written notice of allegation against holder of office signed by not less than one-third of the members of the House of Assembly and presented to the Speaker of the House of Assembly of the state. The said written allegation must show detailed specific particulars of the allegation that the holder of the office is guilty of gross misconduct in performance of the functions of his office.
- Within 7 days of receipt of a written notice of allegation by the Speaker of the House of Assembly, the Speaker must ensure that a copy of such notice is served on the concerned holder of the office as well as on each member of the House of Assembly.
- Within 14 days from date of presentation of notice of allegation to the Speaker, the concerned holder of office may make a statement in reply to the notice of allegation served on him, such reply must be served on each member of the House of Assembly.
- Within 14 days from date of presentation of notice of allegation to the Speaker, whether or not the concerned holder of office has sent a statement in reply, the House of Assembly must by a motion resolve without any debate whether to investigate the allegations against the concerned holder of office or not.
- Motion for allegation to be investigated cannot be passed except with at least two-third majority of all the members of the House of Assembly.
- Within 7 days of passing of a motion for investigation, the Chief Judge of the State must at the requirement of the Speaker, appoint a Panel of 7 persons to investigate the allegation. The said 7 persons must in the opinion of the Chief Judge be persons that are of unquestionably integrity and must not be members of any public service, legislative house or political party.
- The concerned holder of office has rights to defend himself personally or through any legal practitioner of his choice before the Panel.
- Within 3 months from the date of appointment of the Panel, the Panel must report its findings to the House of Assembly. Powers and procedures of the Panel must be as prescribed by the House of Assembly.
- No further proceedings will be commenced where the Panel reports that the allegation has not been proved.
- Where the Panel reports that the allegation was proved, then within 14 days from the date of receipt of the report of the Panel, the House of Assembly must consider the report.
- Where by resolution of the House of Assembly, supported by two-third majority of all members of House of Assembly, the report of the Panel is adopted, then automatically the concerned holder of office is impeached and removed from office.
- No proceedings or determination of the House of Assembly, Panel or issues related to such can be challenged in any court in Nigeria.
Reference;
Sections 188, 138 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
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Feel free to reach the author, ask questions or make inquiries on this topic or any other legal issues via onyekachi.umah@gmail.com or +2348037665878.
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