The role of legislature in impeachment proceeding under the 1999 constitution of Nigeria

The role of legislature in impeachment
proceeding under the 1999 constitution of Nigeria

Faculty of Law

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background to the study

The Constitution of Nigeria
clearly ensures the separation of powers as an underlining principle of the
Nigerian governmental system. Separation of powers allows typical
division of branches of government  into
a legislature, an executive, and a judiciary. It can be
contrasted with the fusion or combination of powers like in the
case of a parliamentary system, where the
executive and legislature sometimes parts of the judiciary are unified, for the
purpose of governance. Separation
of powers as underlining principle of governance vests 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.1

The National Assembly
of the Federal
Republic of Nigeria is a bicameral legislature
established under section 4 of the Nigerian Constitution. It consists of a Senate and a 360-member House of Representatives. The body, modeled
after the federal Congress of the United
States, is supposed to guarantee equal representation of the states irrespective of size in the Senate and proportional representation of
population in the House. The National Assembly, like many other organs of
government has functions such law making, checking  of other organs of government, especially the
executive, representation etc. the mechanism in which the legislature uses in
sanctioning the executive when there is any misconduct is the impeachment
process.

The Impeachment process has
become a topical issue on the Constitutional development of Nigeria. The
starting point was the impeachment of Alhaji Balarabe Musa former Governor of
Kaduna State2. 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.[1]                                                             

           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. [2]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.

Impeachment was first employed in the Nigerian history
during the second republic in the case of Balarabe Musa, former Governor of
Kaduna State. Since then impeachment process has become a topical issue in
Nigeria’s Constitutional development.

The purpose of impeachment
has been abused by the Legislature, who use impeachment as a tool of oppression
and intimidation for those in impeachment proceeding is worth nothing. A proper
study of these impeachment proceeding has shown the legality or otherwise.

1.2 Statement Of The Problem

In Nigeria Constitutional history, there have been four
Constitutions. These are the 1960, 1963, 1979 and the 1999 Constitution
respectively. Although there existed and still existing provisions from the
removal of executive office holders like the President.

This power vested on the legislature, which is sacred, aimed
at checking abuse of office by President, Vice President, Governors and Deputy
Governors, was unfortunately turned to an instrument of political vendetta to
embarrass, intimidate, and hoodwink the executive (Enyia,2009). This
impeachment saga in Nigeria is replete only with the removal of Governors of
the Federating States and some Chairmen at the Local Government level in some
States.

The process of impeachment of different political
office holders is clearly stated in different sections of the constitution
depending on the nature of office. Hence, breach of procedures is usually one
of the major challenge confronting the role of the legislature in this
process.   The discretion in using this
tool of impeachment is very much within the discretion of the legislature in
this case the state or national of assembly. This exercise of this discretion
is implicit in the wording of Section 188 (2) (b) stating, “that the holder of such office is guilty of
gross misconduct in the performance of the functions of his office”. The
term ‘gross misconduct’ is defined in Section 188 (11) as, “a grave violation or breach of the
provisions of this Constitution or a misconduct of such nature as amounts in
the opinion in the House of Assembly to gross misconduct”. This in
itself is a very subjective test and in the absence of further definition in
the constitution reliance is placed on the general dictionary definition of the
term and what obtains in Employment law where the term is commonly used in
contracts of employment. Gross misconduct can be defined as an unacceptable and wrong act by someone in
a position of authority and responsibility. Reliance is once again placed
on the three principles established in the U.S.A that gross misconduct can be
established. It is respectfully submitted that without these three ingredients,
the Impeachment proceedings cannot be effective. Corruption in its sense is a
major challenging factor to the legislatures in delivery this responsibility
due to personal interest.  

1.3. Objective Of Study

The main objective of this study is to determine the roles
of Legislature in impeachment proceedings under the 1999 Constitution.. The
role of the legislature will be considered on impeachment proceedings, the
loopholes of such proceedings and make recommendations to curb the lapses
created by these loopholes. This research work will examine the problems
arising from the Constitutional provisions dealings on impeachment of elected
Officials in Nigeria. This study will also consider the Legislative arm of
government as a mechanism to checking 
and investigating Officials alleged of partaking on corruption while in
office through the principle of checks and balances.

1.4 Methodology

The research work will employ a
library based methodology as emphases
will be laid on primary sources to include; relevant statues, legislations, Reported
Judicial Authorities etc. The Secondary data will be obtain from materials such
as  Newspapers, articles by Legal
authors, Internet resources, seminar papers, Textbooks. These will in no doubt
give an holistic approach to achieving the objectives of the study.

1.5 Significance
Of The Study

The findings of this study when concluded will be useful to the
following categories of people:

(i)              
Executive arm of
government: They would be aware of the need of avoiding certain official
misconduct both at state and federal level in other to avoid being impeached.

(ii)           
State and National
Assembly: as members of the law making bodies, it will help them to realize the
responsibility they are committed to, by delivering their responsibility with
all amount of diligence.

(iii)      
prospective public
office holders: this study will act as guide to all intending public office to
enable them understand the do and don’ts of public offices to enable them
apply  caution and avoid impeachment.

1.6 Scope Of The Study

This long essay is limited to the role the legislature
performs during impeachment proceedings. This research work would be confirmed
to the definition of impeachment historical perspective, the roles of the three
arms of Government on impeachment matters. The Constitutional provision and
role of Courts of record, i.e. High Court, Court of Appeal and Supreme Court on
impeachment matters and cases will be delved into in order to compare and
analyze the decision of the Courts.

Nevertheless, it may incidentally refer to some other
related areas as deemed

necessary, likewise statutory and judicial authorities will
be made reference to, in order to achieve the aim of the study.