This process outlines the constitutional procedure for removing a state governor from office in Nigeria, based on allegations of gross misconduct.
Step 1: Initiation – The Allegation of Gross Misconduct
The impeachment process is initiated by a formal, written allegation of “gross misconduct” against the incumbent state governor. The definition of “gross misconduct” is open to interpretation but typically encompasses serious violations of the law, abuse of power, or actions that bring the office into disrepute.
This written allegation must be signed by no less than one-third (1/3) of all the members of the State House of Assembly. This threshold ensures a significant level of support within the legislature before proceeding.
The signed allegation is formally presented to the Speaker of the State House of Assembly, who is the presiding officer of the legislative body. This act officially triggers the impeachment process.
Step 2: Notification of the Governor
Upon receiving the allegation, the Speaker has a strict timeline of seven (7) days to act. Within this period, the Speaker is legally obligated to serve the state governor with a copy of the notice of allegation.
This notification is crucial for ensuring the governor is formally informed of the charges against them and given the opportunity to respond. The notice must be comprehensive, detailing the specific allegations of gross misconduct.
Step 3: Governor’s Response
The governor has the inalienable right to respond to the allegations leveled against him/her. This response can take the form of a written defense, evidence presented to refute the claims, or any other form of communication deemed appropriate.
The governor’s response is a critical component of due process, allowing them to present their side of the story and challenge the allegations.
The governor’s response must be served to each of the state lawmakers.
Step 4: House Resolution to Investigate
Following the presentation of the notice to the Speaker, the State House of Assembly has a window of fourteen (14) days to decide whether or not to investigate the allegations.
This decision is made through a motion, presented and voted upon by the members of the House. Crucially, this motion is decided without any debate. This is a critical point designed to prevent political maneuvering at this stage.
The motion to investigate must be passed by a supermajority of at least two-thirds (2/3) of all the members of the State House of Assembly (not just those present and voting). This high threshold underscores the seriousness of the impeachment process.
Step 5: Appointment of Investigative Panel
If the motion to investigate fails to achieve the required two-thirds majority, the impeachment process is immediately halted, and the matter is concluded.
However, if the motion passes with the necessary supermajority, the Speaker is then obligated to request the Chief Judge of the State to appoint a panel to investigate the allegations. The Speaker has 7 days to do this.
The investigative panel is intended to be an impartial body tasked with examining the evidence and determining the validity of the allegations.
Crucially, members of this panel must be individuals of high integrity and proven impartiality, and they must not have any political affiliation. This requirement aims to ensure the investigation is conducted fairly and without bias.
Step 6: Panel Investigation and Report
The investigative panel is granted a period of three (3) months to conduct its investigation, gather evidence, and submit a report of its findings to the State House of Assembly.
During the panel’s proceedings, the governor has the right to appear before the panel to defend themselves against the allegations. The governor also has the right to legal representation and can be defended by a legal practitioner of their choice.
The panel’s report should provide a detailed account of the investigation, including the evidence considered, the findings of fact, and the panel’s conclusions regarding the allegations of gross misconduct.
Step 7: House Consideration of the Report
If the investigative panel concludes that the allegations of gross misconduct cannot be substantiated, the impeachment proceedings are terminated immediately.
However, if the panel determines that the allegations have been substantiated, the House of Assembly proceeds to consider the report.
A resolution for the adoption of the report is moved in the House. This resolution essentially asks the House to formally accept the findings of the investigative panel.
Step 8: Final Vote and Impeachment
The resolution for the adoption of the report must be supported by a supermajority of at least two-thirds (2/3) of the members of the House of Assembly.
If the resolution fails to achieve this supermajority, the impeachment process fails, and the governor remains in office.
However, if the resolution passes with the required supermajority, the governor is immediately impeached.
Following the impeachment, a motion to swear in the deputy governor as the new governor is typically moved and adopted, ensuring a smooth transition of power.