ABSTRACT
This project report centres on Appraisal of impeachment
process under the 1999 Constitution of Nigeria. It x-rays basically the
Legislatures excessive and negative use of impeachment process provided in the
1999 Constitution against the Executive arm of government, particularly, State
Governors and their Deputies. This anomaly forms the foundation upon which the
statement of the research problem of this work is anchored.
This research highlights in details the procedure for
impeachment, the historical development of impeachment, the meaning of gross
misconduct which is the main ground for carrying out impeachment proceedings.
The roles of courts and other institutions are also discussed.
The research reveals through case laws how our legislators
abused the impeachment process in order to achieve their selfish interests
while relying on the erroneous impression that their actions cannot be
questioned in court. The courts however rose to the occasion and checkmated
their excesses leading to upturning almost all the cases filed by the impeached
persons. The courts defined the true import and intent of Sections 143(10) and
188(10) of the 1999 Constitution of Nigeria which oust the jurisdiction of
court from entertaining cases emanating from impeachment proceedings.
In this appraisal the researcher relies on doctrinal and
empirical research methods. To this extent, questionnaires and oral interviews
were employed, analysed and arrived at mind-blowing results.
In conclusion, it is revealed among other things that the
impeachment process has done more harm than good in the political development
of Nigeria and that the Constitution requires an amendment to correct the
anomalies inherent therein. It is recommended inter alia that constitutional
courts should be established to try impeachment cases with dispatch.
TABLE CONTENTS
Title page
Table of contents
Table of Cases
List of Statutes
Abstract
CHAPTER ONE
1.0 GENERAL INTRODUCTION
1.1 Background of the Study
1.2 Statement of Research problem
1.3 Justification of the Research
1.4 Objectives
1.5 Scope of the Research
1.6 Methodology
1.7 Literature Review
1.8 Organisational Structure
CHAPTER TWO
2.0 HISTORICAL DEVELOPMENT AND CONCEPTUAL
CLASSIFICATION OF SOME KEY TERMS
2.1 Introduction
2.2 Historical Development of Impeachment Process
2.3 Meaning of Impeachment
2.4 Meaning of Gross Misconduct
2.5 Conclusion
CHAPTER THREE
3.0 GROUNDS AND PROCEDURE FOR IMPEACHMENT
3.1 Introduction
3.2 Constitutional Ground
3.3 Political Ground
3.4 Procedure for Impeachment
3.4.1 Notice of Impeachment
3.4.2 Service of Impeachment notice
3.4.3 Quorum requirement
3.4.4 Panel of seven members
3.4.5 Venue
3.4.6 Conclusion
CHAPTER FOUR
4.0 DATA ANALYSIS
4.1 Introduction
4.2 Methodology of Data Analysis
4.3 Analysis of Data
4.4 Result of Data Analaysis
4.5 Conclusion
CHAPTER FIVE
5.0 THE ROLE OF COURT AND OTHER INSTITUTIONS IN
IMPEACHMENT PROCESS
5.1 Introduction
5.2 The Role of Courts
5.3 The Role of Security Agencies
5.4 The Role of Media
5.5 The Role of Electorate
5.6 Conclusion
CHAPTER SIX
6.0 SUMMARY AND CONCLUSION
6.1 Summary
6.2 Findings
6.3 Recommendations
BIBLIOGRAPHY
APPENDIX
CHAPTER
ONE
GENERAL INTRODUCTION 1.1 Background of the Study
The gale of impeachments and
threats of impeachment of political office holders in Nigeria today are not
only worrisome and alarming, but pose a great danger to the survival of our
nascent democracy which we all longed and laboured for after many years of
military hegemony.
The 4th Republic
(the focus of this research) which started from 29th May 1999 to
present day has recorded so many impeachments of political office holders
ranging from speakers of Houses of Assembly and their Deputies Governors and
their Deputies as well as Senate Presidents. At a point, members of the
National Assembly threatened to impeach former President Olusegun Obasanjo as
well as Goodluck Jonathan.
The impeachment of Murtala
Nyako of Adamawa State and the botched attempt to impeach the Governor of
Nasarawa State, Al-Makura, are factors that motivated, inspired and provoked
the researcher to embark on this research. There is no doubt that this research
will help to enrich the existing jurisprudence on the law and practice of
impeachment process under the Constitution of the Federal Republic of Nigeria
1999 (as amended)
1.2 Statement
of research problem
The gale of impeachments in
Nigeria has done more harm than good Politicians have thrown caution to the
wind in their efforts to fulfil their political goals and ambitions without
following due process laid down in the Constitution. It is on record that many
impeachments took place outside the hallowed chambers of parliament like in the
hotel or even the residence of one of the conspirators1.
Most times, the quorum will not
be formed and yet the honourable members will go ahead with the impeachment
proceedings. We have seen instances where a willing member will be appointed as
Speaker pro tempore to carry out the duties of a substantive Speaker who
is not willing to join the conspiration to impeach a Governor2.
1.3
Justification of the Research
There
is no doubt that this research is worth embarking upon. It will be of
immense help to students of Political Science, Political Scientists,
Politicians,
Law Students, Lawyers, Judges, Legislators, Legal Academics,
Teachers
of Political Science and the general public. This
research will
surely
help to enrich our jurisprudence especially in the area of impeachment
proceedings. Nigerians, particularly politicians will benefit from this
research
which aims to x-ray the procedure for impeachment proceedings as
well
as the dos and don‟ts of impeachment process, thereby stabilizing the
political
system.
1.4 Objectives
The main objective of this
research is to examine the behaviours of Politicians, especially the
legislators who are in the habit of breaching the Constitution3
unashamedly for their selfish political interests and personal aggrandizement,
and proffer solutions.
In other words, the aim of this
project is to appraise and expose the abuse of impeachment process by
politicians who are supposed to be custodians of the Constitution.
The main objective of this
project is therefore to sensitize Nigerians on the anomalies being perpetrated
by our politicians, particularly our Legislatures, in the area of impeachment
of political office holders, and to acquaint them of their right to curtail
these anomalies in appropriate situations through peaceful protests and
constitutional power of recall against the legislators.
Although the Supreme Court in
the case of Inakoju v. Adeleke and Others4 has cleared the hurdle on
the issue of jurisdiction of courts to entertain issues relating to impeachment
of political office holders holding that courts have jurisdiction to inquire
whether the procedure for impeachment was religiously followed, there still
remains the issue of the meaning of gross misconduct which is still being
abused with impunity as our case laws have
1.5 Scope
of the Research
As the title implies this
research covers impeachment proceedings in Nigeria between 29th May
1999 to the present day, particularly as they relate to the provisions of the
Constitution of the Federal Republic of Nigeria 1999 (as amended) in other
words, this project focuses basically on impeachment proceedings in Nigeria
between 29th May 1999 to the present day.
1.6 Methodology
In this research I used and
relied on the following research methods. Empirical Research: This involved the
collection of facts and data through interviews and questionnaires from target
groups. The facts and data were later analysed and experimented upon from which
results were patiently obtained. To this effect interviews were conducted and
questionnaires administered on respondents from whom facts and data were
collected. Our respondents include Politicians, Lawyers, Journalist, Students
and the electorate from target areas. This was followed with analysis of the
data in our Law chambers as well as libraries in order to obtain the desired
result. Doctrinal Research Methodology was also employed extensively in carrying
out this research. This involved the use of text books, Journals, Judicial
decisions particularly the decisions of the Supreme Court and the Court of
Appeal. The Constitution of the Federal Republic of Nigeria 1999 (as amended)
is also relied upon extensively.
It is apparent that there is a
dearth of literatures in this area of our jurisprudence. This opinion is hinged
on the fact that there is hardly any book that is fully written on impeachment
process apart from some articles that are fully devoted to the subject. Despite
the shortcoming, the works of eight scholars are hereby reviewed.
Impeachment: This is a sub
topic in the book what is constitutional Law6. Dalhatu introduced
the topic and traced the origin of impeachment process to England from where
the United States adopted same. He then discussed impeachment procedure under
the 1999 Constitution of Nigeria. He discussed legislative reverse on
impeachment proceedings and cited examples of United State and British
Constitutions on one hand and the Nigerian Constitution on the other hand. The
learned author concluded the discussion with Judicial Intervention in The
Impeachment Proceedings. He cited the popular case of Abdulkadir Balarabe Musa
v. Auta Hamza and
section 170(10), my hands are
tied by it as I hold that the exercise in question was purely a legislative
constitutional affair quite outside the jurisdiction of this honourable court.”
The book, What Is
Constitutional Law? (which contains the topic impeachment) was published in
2008. It however and surprisingly failed to examine the earlier Supreme Court
decision in Inakoju and Others v. Adeleke and Others8 which gave the
courts the jurisdiction to inquire whether the impeachment process was duly
carried out as provided by the Constitution of the Federal Republic of Nigeria
1999 (as amended) it should be noted that Balarebe Musa case was decided
pursuant to section 170(10) of the 1979 Constitution of Nigeria which is in pari
materia with section 188(10) of the 1999 Constitution of Nigeria (as amended).
There is therefore a lacuna that needs to be filled and which this research has
taken care of.....
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