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ABSTRACT
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The aim of this study is to explore the roles of Legislature in impeachment proceeding under the 1999 constitution. The principal function of the Legislative arm of government is to legislate and make law for good governance in accordance with the provisions of the constitution. The Legislative power is vested in the National Assembly which consists of the Senate and the House of Representatives while the Legislative power of a state is vested in the State House of Assembly.
The Legislature has the power under the 1999 Constitution to impeach the Electoral Officers of both the executive and legislative arms of Government, such as the President and Vice President, Governor or Deputy Governor, Senate President, Speaker of House of Representatives and other elective Officers of the National and State Houses of Assembly.
The research considers the Constitutional provision which spell out the roles of the Legislative arm in impeachment of the President and Vice President, Governors and Deputy Governor, Senate President, Speaker of House of Representatives, and the State House of Assembly.
TABLE OF CONTENTS
COVER PAGE
CERTIFICATION PAGE
ABSTRACT
DEDICATION
ACKNOWLEDGEMENT
TABLE OF CASES
TABLE OF STATUTES
LIST OF ABBREVIATIONS
TABLE OF CONTENTS
CHAPTER 1
GENERAL INTRODUCTION
1.0.0: INTRODUCTION
1.1.0: BACKGROUND TO THE STUDY
1.2.0: OBJECTIVES OF STUDY
1.3.0: FOCUS OF STUDY
1.4.0: SCOPE OF STUDY
1.5.0: METHODOLOGY
1.6.0: LITERATURE REVIEW
1.7.0: DEFINITION OF TERMS
1.8.0: CONCLUSION
CHAPTER 2
BACKGROUND OF IMPEACHMENT PROCEEDINGS IN NIGERIA
2.0.0: INTRODUCTION
2.1.0: DEFINITION OF IMPEACHMENT
2.2.0HISTORICALBACKGROUNDOFIMPEACHMENT
2.3.0: IMPEACHMENT UNDER PRE-1999 CONSTITUTION
2.3.1: THE 1963 CONSTITUTION
2.3.2: THE IMPEACHMMENT UNDER 1979 CONSTITUTION: AN OVERVIEW OF THE IMPEACHMENT OF ALHAJI BALARABE MUSA
2.3.3: IMPEACHMENT UNDER THE 1999 CONSTITUTION
2.4.0: CONCLUSION
CHAPTER
LEGISLATURE AND IMPEACHMENT
3.0.0: INTRODUCTION
3.1.0: COMPOSTION OF THE NATIONAL ASSEMBLY
3.2.0: LEGISLATIVE POWERS IN THE 1999 CONSTITUTION
3.3.0: ROLES OF THE LEGISLATIVE IN A DEMOCRACTIC SOCIETY
3.4.0: IMPEACHMENT PROCEEDINGS IN THE LEGISLATIVE HOUSES
3.4.1IMPEACHMENT PROCEEDING FOR THE REMOVAL OF THE PRESIDENT AND VICE PRESIDENT
3.4.2: IMPEACHMENT OF THE GOVERNORS AND DEPUTY GOVERNORS
3.5.0: CONCLUSION
CHAPTER 4
PRACTICAL EXPERIENCE OF IMPEACHMENT IN NIGERIA
4.0.0: INTRODUCTION
4.1.0: IMPEACHMENT PROCEEDINGS UNDER THE 1999 CONSTITTION
4.1.1: THE AN OVERVIEW OF THE IMPEACHMENT OF GOVERNOR DSP ALAMIEYESIGHA
4.1.2 AN OVERVIEW OF THE IMPEACHMENTOF GOVERNOR LADOJA
4.2.0.IMPEACHMENT OF DEPUTY GOVERNOR
4.2.1AN OVERVIEW OF THE IMPEACHMENT OF ABIODUN ALUKO
4.2.2 AN OVERVIEW OF THE IMPEACHMENT OF SEN. BUCKNOR AKERELE
4.3.0AN APPRAAISAL OF THE IMPEACHMENT OF OBONG CHRIS EKPENYOUG
4.5.0: CONCLUSION
CHAPTER 5
GENERAL CONCLUSION
5.0.0: CONCLUSION
5.1.0: RECOMMENDATION
CHAPTER
GENERAL INTRODUCTION
1.0.0: INTRODUCTION
The Constitution of Nigeria ensuring the separation of power as an underlining principle of the Nigerian governmental system by vesting legislative power of the Federal Government in the National Assembly. It provides thus:
The legislative power of the Federal Republic of Nigeria shall be vested in a
National Assembly for the Federation which shall consist of a Senate and a
House of Representative.1
For the purpose of this study, the role of the legislature will be considered on impeachment proceeding under the 1999 Constitution. Impeachment process has become a topical issue on the Constitutional development of Nigeria. The starting point was the impeachment of AlhajiBalarabe Musa of an Ex-Governor of Kaduna
State2. It has been contained that impeachment has been so much abused by the State Assemblies who do it without recourse to laid down Constitutional measures.
- Section 4(1) of the 1999 Constitution Federal Republic of Nigeria.
- See AlhajiBalarabe Musa Vs Speaker Kaduna House of Assembly (1982) 3 NCLR 450.
Section 1883 is imparimateria with section 1704 of the 1979 Constitution of the Federal Republic of Nigeria on impeachment proceeding. The section forecloses recourse to the Court of Law in impeachment proceeding.
The section provides thus:
No proceeding or determination of the panel or of the House of Assembly or any matter relating to such proceedings or determination shall be entrained or questioned in any Court.
This provision ousted the jurisdiction of the Court in matter relating to impeachment embarked upon by the Legislature.
Impeachment rarely occurs therefore the term is often misunderstood. This misconception occurs where it is confused involuntary removal of Officer from office. The word impeachment derives its root from a latin expression ‘to be caught’ or ‘entrapped’. Thus impeachment as a Constitutional process is not designed as a weapon of political oppression, suppression or harassment of a President or Governor whose face the Legislature does not want to behold any longer in the power.
However, impeachment when used appropriately will put the government of the day on its toes, thereby making such government responsible and accountable.
- Section 188 of the 1999 Constitution Federal Republic of Nigeria.
- Section 170 of the 1979 Constitution of Federal Republic of Nigeria.
1.1.0: BACKGROUND OF THE STUDY:
This work will examine the roles of the Legislature in Impeachment proceedings, the loopholes of such proceedings and recommendation to curb the lapses created by these loopholes.
Impeachment was first employed in the Nigerian history during the second republic in the case of Balarabe Musa, Ex-Governor of Kaduna State. Since then impeachment process has become a topical issue in Nigeria’s Constitutional development. The case of the Governor of Plateau, Joshua Dariye. It is against this background that impeachment will be considered.
The word impeachment derives its root from latin expression ‘be caught’ or ‘entrapped’. The purpose of impeachment has been abused by the Legislature, who use impeachment as a tool of oppression and intimidation for those in impeachment proceeding is wroth nothing. A proper study of these impeachment proceeding has shown the legality or otherwise.
1.2.0: OBJECTIVE OF STUDY:
The objective of this study is to depict the roles of Legislature in impeachment proceedings.
This long essay will examine the Constitutional problems arising from the Constitutional provisions dealings on impeachment of elected Officials in Nigeria
This long essay will consider the Legislative mechanism to check and investigate Officials alleged of partaking on corruption while in office.
1.3.0: SCOPE OF THE STUDY:
This long essay is limited to the role the legislature performs during impeachment proceedings. This research work would be confirmed to the definition of impeachment historical perspective, the roles of the three arms of Government on impeachment matters. The Constitutional provision and role of Courts of record, i.e. High Court, Court of Appeal and Supreme Court on impeachment matters/cases will be delved into in order to compare and analyze the decision of the Courts.
Nevertheless, it may incidentally refer to some other related areas as deemed necessary, likewise statutory and judicial authorities will be made reference to. In order to achieve the aim of the long essay.
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