Impeaching a governor in Nigeria is a constitutional and legislative process guided by Section 188 of the 1999 Constitution of the Federal Republic of Nigeria. The process is strictly structured to ensure fair hearing, due process, and constitutional compliance. Below is the step-by-step procedure for impeaching a governor in Nigeria:
1. NOTICE OF ALLEGATION
The impeachment process begins when at least one-third of the members of the State House of Assembly sign a formal notice of allegation(s) against the governor.
The allegations must be clearly stated and must qualify as gross misconduct under the Constitution.
The notice is then presented to the Speaker of the State House of Assembly.
2. SERVICE OF NOTICE TO THE GOVERNOR
The Speaker of the State House of Assembly ensures the governor receives a copy of the allegations.
The governor has the constitutional right to respond to the allegations.
The notice must be served personally to the governor or left at their last known official residence if personal service is not possible.
3. MOTION FOR INVESTIGATION
After seven (7) days from serving the notice, the House of Assembly must pass a motion to investigate the allegations.
This motion requires the support of two-thirds of all members of the Assembly.
If this two-thirds majority is not obtained, the impeachment process automatically fails.
4. CHIEF JUDGE SETS UP INVESTIGATIVE PANEL
Once the motion is passed, the Speaker requests the Chief Judge of the State to constitute a 7-member panel.
The panel members must be persons of unquestionable integrity who are not members of the legislature, executive, or political party.
The panel’s responsibility is to investigate the allegations and determine if they hold merit.
5. PANEL INVESTIGATION AND HEARING
The panel has three (3) months to conduct investigations.
The governor must be given the opportunity to appear before the panel and defend themselves.
The panel reviews evidence, hears witnesses, and examines documents related to the allegations.
After deliberation, the panel submits its report to the State House of Assembly.
6. FINAL DECISION BY STATE HOUSE OF ASSEMBLY
If the panel finds the governor guilty, the House of Assembly proceeds to vote on impeachment.
If the panel finds the governor not guilty, the process ends immediately, and the governor remains in office.
If guilty, the House of Assembly requires a two-thirds majority vote to officially remove the governor from office.
7. REMOVAL FROM OFFICE AND SWEARING-IN OF A NEW GOVERNOR
Once the two-thirds majority votes for impeachment, the governor is immediately removed from office.
The Deputy Governor automatically takes over as governor unless they have also been impeached.
If both the governor and deputy governor are removed, the Speaker of the House of Assembly assumes office temporarily until a new governor is elected.
CONSTITUTIONAL SAFEGUARDS AGAINST ABUSE OF IMPEACHMENT
To prevent misuse of impeachment powers, the Constitution provides safeguards:
Fair Hearing – The governor must be given a chance to defend themselves before removal.
Panel of Inquiry – A neutral body (the 7-member panel) must investigate before a decision is made.
Two-thirds Majority – A significant majority is required to approve impeachment, preventing political witch-hunts.
