For those calling on the impeachment of President Goodluck Ebele Jonathan, here is the rigors x-ray which the legislature has to undergo to impeach the President. The necessary steps to be taken are: (a) A notice of allegation in writing signed by not less than one-third of the members of the National Assembly. (b) Notice is presented to the Senate (c) The notice states that the President or Vice-President is guilty of gross misconduct in the performance of the functions of office; (d) The notice must give details and particulars; (e) Within seven days of receipt of notice, Senate President must serve the notice on the President and each member of the National Assembly; (f) The President’s reply must also be served by the Senate President on each member of the National Assembly. (g) Within fourteen days of the presentation of notice to the President of the Senate, each house shall resolve by motion without debate whether the allegation shall be investigated (notwithstanding the reply of the President); (h) The motion shall be declared passed only if it is supported by the votes of not less than two-thirds majority of all the members of each house; (i) Within seven days of passing the investigation motion, the Chief Justice of Nigeria, at the request of the President of the Senate, shall appoint a Panel of seven persons of unquestionable integrity, not civil servants, not legislators and not political party members to investigate the allegation against the President; (j) The President will have the right to defend himself in person or by a legal practitioner of his choice; (k) The Panel shall have the power and exercise the functions as prescribed by the National Assembly; (l) The Panel must report its findings to each house of the National Assembly; (m) Where the judicial panel reports that the allegations have not been proved, the proceedings in respect of the allegations will cease; (n) Where the panel reports that the allegations against the President have been proved, each House of the National Assembly, within seven days of the receipt of the report of the panel, will consider the report; (o) If by resolution supported by at least two-thirds majority of all members, the report of the Panel is adopted. It is important to observe here that impeachment process under Section 143 is directed by the National Assembly and it is a form of political trial over which normal courts have no jurisdiction, except where the Chief Justice of Nigeria is empowered to constitute the investigating panel of the allegations, the National Assembly can nevertheless overrule the decision of the Panel regarding procedure adopted/followed by same and even such decision cannot be invalidated in any court. What finally terminates the tenure of the president is the adoption, by not less than 2/3 majority of all members of National Assembly of the report of the investigative panel. It is also important to note that Section 146(1) of the Constitution explains the orders at which the powers and functions of presidency drops upon the activation Section 143 against Mr. President and this is to the effect that Vice president takes over immediately.
Posted on: Fri, 06 Sep 2013 16:13:07 +0000
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