Step By Step Process Of How To Impeach Governor
Di political arena for Rivers State, for South-South Nigeria, don become tense since late Sunday, October 29, 2023, when tori begin dey fly say plans dey ground to impeach di governor, Siminalayi Fubara.
For that same Sunday evening, suspected hoodlums come set fire for di Assembly complex, but Federal Fire Service and oda security agencies help to quench di fire.
Di current tori be say, Rivers State House of Assembly tok say dem don decide to serve Governor Siminalayi Fubara notice of impeachment as dem suspend four oda members indefinitely.
Even though di state assembly get di power to impeach any governor if di need arise, e get process, and dis na according to di Nigeria constitution.
However, Governor Siminalayi Fubara don talk say im no commit any offence wey go warrant impeachment by di Rivers State House of Assembly.
“Make dem come out clear and tell Rivers people di offence wey I commit wey dey cause any impeachment,” di governor talk as im dey address im supporters for di state Assembly Complex.
Fubara still talk say im go address di matter when time reach.
Steps to take to Impeach a govnor
To impeach a state governor for Nigeria na serious matter, as the governor suppose do something wey dey against the constitution of Nigeria before e fit face impeachment.
This na because the governor enter office based on the trust wey people get for the person to fit lead their state for the period wey the constitution approve.
Because of this, e get strict step-by-step process wey authorities must follow in case there dey need to remove any governor from office.
The process to impeach a state governor dey for section 188 of the 1999 constitution of Nigeria.
Step 1
Notice of any allegation for writing wey accuse the governor of gross misconduct. This notice must dey signed by not less than one-third of the members of the State Assembly and e must dey given to the Speaker of the State House of Assembly.
Step 2
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The Speaker of the State House of Assembly must, within 7 days, serve the governor of the state and each member of the State Assembly with one copy of the notice of allegation.
Step 3
The governor get right to reply (e fit choose not to reply), and any statement to reply to the allegation must dey served on each member of the State House of Assembly.
Step 4
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Within 14 days of the presentation of the notice to the Speaker of the State House of Assembly, dem need make decision through motion without any argument if dem suppose investigate the allegation. This motion must pass by at least two-thirds majority of all members of the State House of Assembly.
Step 5
If the motion no fit reach the two-thirds majority, the process go stop immediately, and no further action go dey taken. But if the two-thirds majority dey obtained and the motion pass, then the Speaker of the State House of Assembly go within seven days when dem pass the motion, ask the Chief Judge to appoint one Panel of seven people wey for their opinion dey of unquestionable integrity to investigate the allegations. The members of the panel no fit be members of any public service, legislative house or political party.
Step 6
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The panel go need report their findings within three months of appointment. The findings go dey reported to the State House of Assembly. During the proceeding, the governor get right to defend himself and also dey represented by legal practitioners of his/her own choice.
Step 7
One Panel go dey appointed wey go;
(a) Get that kind power and exercise in function according with the procedure as e fit dey prescribed by the State House of Assembly; and
(b) Within three months of their appointment report their findings to each House of the State House of Assembly.
Step 8
Where the panel report say the allegation no dey proven, further action no go dey. But if the report be say the allegation against the governor dey true, then the State House of Assembly go consider the report, and the resolution for the adoption of the report go dey moved.
Step 9
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For the resolution to dey adopted, e need to dey supported by not less than two-thirds majority of all the members of the State House of Assembly. Once e dey adopted the governor go stand removed from office as from the date of the adoption of the report.
Step 10
No proceedings or determination of the panel or of the House of Assembly or any matter wey relate to that kind proceedings or determination go dey entertained or questioned for any court.
Step 11
For this section, “gross misconduct” mean serious violation or breach of the provisions of this constitution or any misconduct of that kind nature as e dey enough for the opinion of the House of Assembly to form opinion.
