By Emmanuel Oladesu
Unlike under the Westminter model where a democratic parliament wields the power of a vote of no confidence as a critical check on the governor, impeachment is the main tool under the presidential system.
It is burdensome. The process of removing a governor or deputy governor is fairly lengthy and complex. According to Section 188 of the 1999 Constitution (as amended), the three organs of government – Legislature, Executive and Judiciary – are involved.
The main ground is gross misconduct.
There are two explanations as highlighted by the Constitution. The first is the description by Section 188(11) which views misconduct as a grave violation or breach of the Constitution. The second is misconduct, or what constitutes misconduct in the opinion of the aggrieved members of the House of Assembly. There could be some inexplicable reasons or allegations uncritically confused with the term.
The steps outlined in Section 188 are hectic.
Initiation of allegations.
A written notice of allegations of gross misconduct, with detailed particulars, must be signed by not less than one-third of the members of the State House of Assembly and presented to the Speaker.
No fewer than 19 sins of Rivers State Governor Siminalayi Fubara have been identified by the Martin Amaewhule-led Assembly.
Service of notice:
Within seven days of receiving the notice, the Speaker must serve a copy on the Governor (and on each member of the House of Assembly).
Any reply statement from the Governor must also be served on all members.
The Governor cannot evade service. His reply can hardly satisfy the House that had declared the parting of ways. However, the governor may choose not to reply. It has implications.
Motion to investigate:
Within 14 days of the notice being presented (whether or not the Governor replies), the House of Assembly has to resolve by motion (without debate) whether the allegation should be investigated. The motion requires support from not less than two-thirds of all members to pass. If it fails, the process ends.
Appointment of investigative panel:
If the motion passes, the Speaker will request the Chief Judge of the Rivers State to appoint a seven-member panel of persons of unquestionable integrity (not from public service, legislative houses, or political parties) to investigate the allegations.
The Chief Judge must be fully satisfied that the impeachment procedures were constitutionally followed before agreeing to plsy the role allotted to him by the Constitution.
The Chief Judge of Ondo State, Justice Olusegun Odusola, once declined to set up a panel to probe former Deputy Governor, Lucky Aiyedatiwa, claiming that the process was not followed.
Panel investigation:
The Governor has the right to defend themselves in person or through legal representatives. The panel must complete its investigation and submit a report to the House of Assembly within three months of appointment.
During the three months, political expediency can impact on the process. But most reports of this kind are hastly or hurriedly sibmitted.
Outcome of panel report:
If the panel finds the allegations not proved, no further proceedings occur, and the process ends. The implication is that the views of the House of Assembly that alleged wrongdoings and the opinion of panel, which essentially is expected to be neutral, must align.
If the panel finds the allegations proved, the House considers the report within 14 days.
Final vote and removal:
After the report of the panel is submitted to the House of Assembly, it is adopted. But removal can only occur if is supported by a resolution of not less than two-thirds of all members. Upon adoption, the Governor is removed from office immediately.
According to Section 188(10), proceedings or determinations of the panel or House cannot be challenged in any court.
However, the court to render the removal invalid if it is satisfied that there is no compliance with the constitutional process.
The procedure for the removal of governors and deputy governors mirrors the procedure for the impeachment of the President and Vice President under Section 143.
While that of the president or vice president is handled by the National Assembly and the Chief Justice, that of the governor and deputy governors are handled at the state level.
Source: The Nation
