CHAPTER ONE
INTRODUCTION
- Background of the Study
The concept of impeachment process originated from England, dating to the medieval times and afforded the only means whereby an adviser of the crown could be brought to account by the House of Commons. The House of Lords heard the charges and gave its verdict2. The American Constitution Makers were impressed by the impeachment procedure in England and therefore provided for it in the United State’s Constitution as well3. Similarly, the framers of the Nigerian Constitution 1979, were also impressed by the provisions of impeachment process in the United State’s Constitution and 26 decided to provide for same in our Constitution and this they did with some modifications to suit Nigeria’s peculiar purposes. In the same vein, the framers of both the 1979 Nigerian Constitution as well as the present 1999 Constitution of Nigeria, provided for impeachment process as a check against any gross misconduct against the President and Vice President4 or against the Governor and his Deputy.
It should be noted that in spite of the early historical development of impeachment process in England and United States spanning over several centuries ago, the process has been sparingly invoked. Impeachment of Presidents had been attempted thrice in the history of United States. In 1868, impeachment proceedings were commenced against President Andrew Johnson but his impeachment was not upheld by a single vote and he remained in office. Government institutions and structures operate upon the strength of the individuals occupying available positions. As locus of state power, these institutions function within the confine of the law. This study considers the exercise of the constitutional power of the legislature to monitor the policy process through a disciplined and responsible executive. The constitutional capacity of the legislature to remove head of the executive branch is a control measure to instill discipline in the exercise of power. Extant provisions of the Nigerian constitution empower the legislature to control public policy with a view to ensuring good governance. The drafters of the constitution constructed the statutory oversight responsibilities of the legislature with a view to guaranteeing transparency and accountability. The constitution empowers the legislature to exert maximum weapons of political discipline of impeachment against members of the executive found guilty of “gross misconduct” in the course of the discharge of assigned responsibilities. Sections 143 and 188 of the constitution stipulate a procedural process for the removal of the leadership of the executive at the federal and state levels respectively. This is necessary in view of the provisions of section 308 that bars institution of any civil or criminal proceedings against the leadership of the executive while in office. The impeachment provision is a constitutional measure designed to discipline erring members of the executive in cases of abuse of office. This study explores the interplay of power in the governing institutions in Nigeria’s political system. It involves the understanding of a web of interactions among political elites both within and outside a political structure. Thus, analysis of the politics associated with impeachment requires the examination of the activities of different political actors operating in different political structures assigned to perform certain statutory roles in the political system. The study focuses on the power relation between the legislature and the executive drawing insights from the state.
- Statement of the Problem
The Problem the research attempts to explain are;
- Is impeachment used as a weapon for witch hunting the executives in Nigeria?
- Is the Legislative arm of government following due process in carrying out Impeachment?
- Is the Legislators using the weapon of Impeachment to extort money from the executive arm of government?
- Is the Legislative arm of government in Nigeria not abusing the Impeachment process?
- what are the roles of the legislatures in the system of government practice in Nigeria?
- State the Impeachment in Nigeria’s fourth republic from 1999-2019.
- What are the Policies of impeachment in the fourth Republic?
- Research Question
The various research question to in this research includes
- what is Impeachment ?
- what is the procedure for lawful Impeachment in Nigeria?
- How effective is Impeachment in Nigerian Politics?
- Is impeachment achieving the desired goal?
- what are the legal roles of the legislatures in exercising power of Impeachment in Nigeria?
- Is the Legislative arm of government not abusing the impeachment process?
- Is the Legislature following due process in impeachment exercise?
- should impeachment be abolish in Nigeria?
- Aims and Objectives of the Study
Impeachment is a wonderful and vital concept that must be used to curb the excesses of public officer in other to tackle Corruption in Nigeria and the 1999 constitution of Nigeria made provision for Impeachment in Nigeria. The aims and objectives of this study is to facilitate a proper understanding of the following;
- The concept of Impeachment under the 1999 constitution as amended in 2011.
- The Historical Development of Impeachment Process
- the grounds and Procedures of Impeachment.
- The role of court and other institutions in Impeachment Process.
- The roles of Security Agencies in Impeachment Process.
- The roles of the electorate in Impeachment Process.
- The Presidential System of Government Practice in Nigeria.
- The effectiveness of impeachment in checkmating the executive arm of government in Nigeria.
- Research Methodology
The methodology adopted is doctrinal method. To achieve this, primary and secondary sources were employed, the primary source includes money laundering act 2011, Economic and Financial Crimes Commission Act(EFCC ACT 2004), The 1999 constitution of Nigeria as amended in 2011, the Independent Corrupt Practices (ICPC ACT 2004). The secondary source included mainly the works of jurists and academic authorities, supported by case law and other relevant materials.