The Step-by-step Process Of Impeaching A Governor In Nigeria

The impeachment of a state governor in Nigeria is a constitutional procedure aimed at ensuring accountability and preventing arbitrary removals. Nevertheless, political factors frequently influence this process. 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 sign a notice of allegations, which is subsequently submitted to the Speaker and delivered to the governor.

The governor is entitled to provide a response, after which the House will vote on whether to proceed with the allegations. A two-thirds majority is necessary to move forward. If the motion is approved, the Chief Judge will appoint a seven-member panel of individuals known for their integrity to conduct an investigation. Should the panel determine that the allegations are unsubstantiated, the process concludes. Conversely, if the allegations are validated, the Assembly will hold another vote. A two-thirds majority in this vote will result in the governor’s removal.

Although the impeachment process is constitutionally safeguarded, it has frequently been affected by political interference, with some impeachments later annulled by the courts due to procedural irregularities. Below is a detailed outline of the steps involved in impeaching a governor in Nigeria:

Step 1: Notice of Allegation
A formal written notice detailing allegations of gross misconduct against the governor must be endorsed by at least one-third of the State House of Assembly members. This notice is then presented to the Speaker of the State House of Assembly.

Step 2: Serving the Notice
The Speaker is required to serve a copy of the notice to the governor and all members of the State House of Assembly within seven days of receipt.

Step 3: Governor’s Right to Respond
The governor has the option to respond to the allegations, although they may choose not to do so. Any response must be distributed to all members of the State House of Assembly.

Step 4: Initial Assembly Vote
Within 14 days of the notice being presented, the State House of Assembly must conduct a motion, without debate, to determine whether the allegations warrant investigation. For the motion to be successful, it requires the endorsement of a minimum two-thirds majority of all members within the House.

Step 5: Establishment of an investigative panel
Should the motion fail to achieve a two-thirds majority, the impeachment process is immediately halted. Conversely, if the motion is approved, the Speaker is obligated to request the Chief Judge of the state to appoint a seven-member panel to investigate the claims within seven days. The individuals selected for the panel must possess impeccable integrity and must not be affiliated with any public service, legislative body, or political party.

Step 6: Investigation and defense of the governor
The panel is tasked with conducting its investigation and must present its report within three months of its formation. Throughout the proceedings, the governor is entitled to defend themselves and may be represented by legal counsel of their choosing.

Step 7: Findings of the panel
The panel is empowered to carry out its investigation in accordance with the procedures established by the State House of Assembly. Upon completion of its inquiry, it is required to submit its findings to the State House of Assembly within a three-month timeframe.

Step 8: Review of the report
If the panel determines that the allegations against the governor are unfounded, the impeachment process is concluded, and no further actions will be taken. However, if the panel finds the allegations to be substantiated, the State House of Assembly will examine the report, and a motion for its adoption will be introduced.

Step 9: Final vote for removal
For the resolution to be accepted, it must receive approval from at least a two-thirds majority of all members of the State House of Assembly. Once the resolution is adopted, the governor is officially removed from office effective from the date of adoption.

Step 10: Legal limitations
The actions and decisions made by the panel or the State House of Assembly concerning impeachment are not subject to challenge or review in any court.

Step 11: Clarification of gross misconduct
In this context, “gross misconduct” denotes a significant infringement or violation of the Constitution, or any action deemed by the State House of Assembly to be of such a grave nature that it is classified as gross misconduct.