IMPEACHMENT UNDER THE 1999 CONSTITUTION; AN IDEALISM PRESCRIPTION OF A POTENT GOVERNANCE MECHANISM

ABSTRACT

Oxford Advanced Learners Dictionary defines impeachment as a legal Proceeding against a Public Official, asserting that because he committed offense, he should be removed from office. Section 143 of the 1999 Constitution as amended in 2011 empowered the National Assembly with Power to impeach the President of Nigeria on the ground of misconduct and upon adoption by two-third majority of the National Assembly, Also section 188 of the 1999 Constitution also empower the House of Assembly of a State to impeach the Governor on the ground of misconduct by two-third majority of the State Assembly. This study, through extensive doctrinal fieldwork research, interviews, investigates the politics associated with the exercise of the power by the legislature to remove heads of the executive branch of government in the Nigerian presidential system.

The study draws insights from the cases of impeachment in some selected states from 1999-2019. Through the frameworks of structural functionalism, elite and legislative role theories, the study analyzed the behaviours, attitudes and dispositions of the Nigerian political elite towards the exercise of requisite constitutional powers. The findings of the study show that external influence weakens the institutional capacity of the legislature to effectively exercise its oversight power over the executive. The prevalence of patron-client politics encouraged a selective application of impeachment provisions as an instrument of political vendetta and harassment. This has weakened the oversight power of the legislature thereby engendering accountability problems. It also deepens the crisis of governance because of the failure of the relevant institutional framework to tame unethical behaviour exercised by the political elite. Additionally, the Nigerian presidential system is unable to deliver public goods through an integrated institutional process. Policy outputs run contrary to the institutional framework that is supposed to provide the requisite capacity for the promotion of good governance in their exercise of Political Power, the Political elite exploit, institutional structures and processes at the expense of the public. This has evolved into a political culture that undermines good governance. The study therefore recommends the need for multiple measures of accountability, a truly independent judiciary, legislative independence and a reorientation of the people’s perception of political power.

1.2 Statement of the Problem
The Problem the research attempts to explain are;
a. Is impeachment used as a weapon for witch hunting the executives in Nigeria?
b. Is the Legislative arm of government following due process in carrying out Impeachment?
c. Is the Legislators using the weapon of Impeachment to extort money from the executive arm of government?
d. Is the Legislative arm of government in Nigeria not abusing the Impeachment process?
e. what are the roles of the legislatures in the system of government practice in Nigeria?
f. State the Impeachment in Nigeria’s fourth republic from 1999-2019.
g. What are the Policies of impeachment in the fourth Republic?

1.3 Research Question
The various research question to in this research includes
a. what is Impeachment ?
b. what is the procedure for lawful Impeachment in Nigeria?
c. How effective is Impeachment in Nigerian Politics?
d. Is impeachment achieving the desired goal?
f. what are the legal roles of the legislatures in exercising power of Impeachment in Nigeria?
g. Is the Legislative arm of government not abusing the impeachment process?
h. Is the Legislature following due process in impeachment exercise?
i. should impeachment be abolish in Nigeria?

1.4 Aims and Objectives of the Study
Impeachment is a wonderful and vital concept that must be used to curb the excesses of public officer in other to tackle Corruption in Nigeria and the 1999 constitution of Nigeria made provision for Impeachment in Nigeria. The aims and objectives of this study is to facilitate a proper understanding of the following;
a. The concept of Impeachment under the 1999 constitution as amended in 2011.
b. The Historical Development of Impeachment Process
c. the grounds and Procedures of Impeachment.
d. The role of court and other institutions in Impeachment Process.
e. The roles of Security Agencies in Impeachment Process.
f. The roles of the electorate in Impeachment Process.
g. The Presidential System of Government Practice in Nigeria.
h. The effectiveness of impeachment in checkmating the executive arm of government in Nigeria.