ROLES OF LEGISLATURE IN IMPEACHMENT PROCEEDINGS UNDER 1999 CONSTITUTION

Project Abstract

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.

Project Overview

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.

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 Alhaji Balarabe Musa of an Ex-Governor of Kaduna State. 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 1883 is impari materia 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.