Impeachment Under The Nigerian Constitution

Bachelor Thesis from the year 2019 in the subject Politics - International Politics - General and Theories, grade: 63/100, University of Jos, course: Law, language: English, abstract: The ultimate aim of this paper is to critically analyse comparatively the concept of impeachment and its procedures in Nigeria and the United States of America. The essence of this work can only be achieved through a comparative approach. The aim of the comparison is fully encapsulated in the opinion of some writers. The objectives of this long essay are: To understand the procedure of impeachment and the attitude of the judiciary towards impeachment in Nigeria and in the United States of America. To bring to bear the inadequacies in the procedure of impeachment in both Nigeria and the United States of America. To compare both countries with the aim of improving their individual procedure of impeachment. Proffer solutions to the problems discovered in the course of the research. An executive officer leaves office not only at the expiration of his tenure, or his death, or incapacitation as it is the ideal, but also upon impeachment. Impeachment is another potent and unusual way of removing an executive officer. However, impeachment which is supposed to be an instrument to check the excesses of executive officers in the hands of the legislature has become a tool in the hands of political parties and politicians to remove from office an executive officer who is from another political party or who is not a "loyalist". This practice is more peculiar to Nigeria where impeachment has become a tool for settling political scores. This therefore amounts to an abuse of the power of impeachment conferred on the legislature. This underscores the essence of this research because a comparative analysis of the procedure for impeachment in Nigeria and the United States of America will expose the lapses in both legal systems and proffer solutions to such lapses. These lapses are the problem this research work intends to resolve. This research work intends to answer the following questions: What does impeachment entail in Nigeria and the United States of America? Who can be impeached in Nigeria and the United States of America? What is the procedure for impeachment in Nigeria and the United States of America? What are the differences in the procedure for impeachment in Nigeria and the United States of America? How can this procedure be breached? Should there be differences, will that amount to a gap? And which is the standard for impeachment to establish the basis for amending the other?

This book explores the politics associated with the exercise of the legislative power of impeachment as intended by the drafters of the Constitution in Nigeria. It interrogates the exercise of the power of impeachment with reference to the intended purpose and examines its failures in the cases of impeachment in the country. It analyzes the interplay of power in the governing institutions in Nigeria’s political system, which involved the understanding of a web of interactions among elites within a political structure relating with others outside its sphere of operation. It presents an analysis of the politics associated with impeachment within the framework of the activities of different political actors operating in different political structures assigned to perform certain statutory roles in the political system. The book shows how the selective use of impeachment provisions as instrument of political vendetta and harassment has weakened the potency of this oversight power of the legislature thereby engendering accountability problem in the Nigerian presidential system.

Modern Nigerian Constitutional Law: Practices, Principles and Precedents has fifteen chapters covers not only the traditional core topics in constitutional law, but also the generally neglected ones. In chapter one, the author examines some basic issues in Nigerian constitutional law, and in chapter two the supremacy of the Constitution is examined. Also examined in this book are federalism, local government, fundamental rights, the fundamental rights enforcement procedure, the legislature, the executive, the judiciary, elections, INEC, and political parties. Although primarily intended as a textbook for students, the practitioner and the judge will find it refreshingly rewarding.

This volume considers the use of impeachment within a global context. The book brings together leading scholars and experts to give an insight into significant periods in the development of impeachment and its modern comparative use. Divided into five parts, the opening chapter introduces the topic and underlines its significance in terms of understanding the relationship and inter-dependence among politics, governance and the law. It also offers a novel conceptual framework that facilitates the global mapping of impeachment processes. Part I presents a thematic approach that explores the topic of impeachment through the lenses of democracy, human rights and the rule of law. With these themes in mind, Part II focuses on those parts of the world where impeachment is generally recognised as a core constitutional process including the United States, South Korea, Brazil and other countries in South America. Part III continues with the process of constitutional mapping by moving to a focus on those countries where impeachment is arguably an important but largely secondary or peripheral process. This includes chapters on Denmark, Iceland, Sri Lanka and the Philippines and flows through into Part IV’s focus on areas of the world where impeachment matters and may even be increasing in terms of visibility but, for a number of reasons, arguably exists within a satellite status in terms of constitutional processes and safeguards. The fifth and final section steps back in an attempt to assess impeachment processes from a broad comparative perspective. The collection presents the definitive text on impeachment for students and scholars with an interest in comparative public law, politics and constitutional studies.

The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.