A CRITICAL APPRAISAL OF IMPEACHMENT PROCESS UNDER THE 1999 CONSTITUTION (AS AMENDED)

SOURCE:

Faculty: Law
Department: Law

CONTRIBUTORS:

Uwakwe, F. C.
Nwakoby, G.

ABSTRACT:

Impeachment clause is a major weapon of check-and-balance in the Nigerian 1999 Constitution (as amended) to check the abuse of enormous executive powers exercised and exercisable by elected functionaries of the executive arm of government, the President, Vice President, Governors and Deputy Governors, who are shielded from persecution from criminal and or civil charges (in their personal capacities) while in office as contained in section 308 of the Nigerian Constitution. As a check-and-balance against abuse of power in the normal course of governance, the legislature is empowered under section 188 of the Constitution (in case of Governors/Deputy Governors) and section 143 (in case of President/Vice President) to remove such an erring political office holder covered by immunity against prosecution of any kind under section 308 of the Constitution. Impeachment remains the ultimate check and abuse of power. By providing to the legislature, the framers drew on a long tradition of democratic skepticism about leaders. These provisions ensure that leaders will serve the people only so long as they respect the law and their offices. In this sense, the power of impeachment also stands ready to thwart tyranny. While the responsibility of the legislature include, among others, serving as a check on the executive branch of government, it however does not entail running government aground and bringing the entire nation to disrupt. Impeachment power of the legislature should be exercised sparingly and with great caution. The gale of impeachment which swept and is still sweeping across the country that led to the impeachment of five State Governors most of which were carried out in bizarre and undemocratic circumstances, within a spate of one year, between 2003-2007, Nigerian democratic dispensation, is the fulcrum of this work. The research relied on primary, secondary and tertiary sources of law, statutes, judicial pronouncement, articles, journals, textbooks, and websites respectively.