IMPEACHMENT: DEPUTY GOVENOR ENUGU

The Enugu state Assembly has successful impeached the state deputy governor, Mr Sunday Onyebuchi, the house adopted the outcome of the 7-man panel set up to investigate the allegation of gross misconduct alleged by 22 out of the 27 members of the state Assembly. The panel was set up by Chief Judge of the state; the panel came up with the conclusion that ‘the allegation levelled against him has been proved’

Let us analyse impeachment process as provided under the 1999 constitution of the Federal Republic of Nigeria since impeachment seems to be order of the day in the country.



Section 188 (1) of the CFRN state that the Governor or Deputy Governor of a state may be removed from office in accordance with the provisions of this section.

(2) that whenever an allegation in writing signed by not less than one-third of the members of the house-Assembly, is presented to the speaker of the House of Assembly

(b)stating that the governor/his deputy is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified, the speaker of the state shall within seven days of the receipt of the notice cause a copy of the notice be served on the holder of office and each member of the House shall also cause any statement made in reply to the allegation by holder of office,to be served on each member of the House of Assembly.

The constitution also provide that within seven days of the passing of a motion under the foregoing provisions of this section, the Chief Judge of the state shall at the request of the speaker of the House of Assembly, appoint a panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party to investigate the allegation as provided in this section.

The holder of office whose conduct is being investigated shall have the right to defend himself in person or represented before the panel by a legal practitioner of his own choice. The panel appointed shall have powers and exercise its functions in accordance with such procedure as may be prescribed by the House of Assembly and within three months of its appointment, report its findings to the House of Assembly.

Whether the Deputy Governor can contest his impeachment in a law court?

Section 188(10) states that no proceeding or determination of the panel or of the House of Assembly or any matter relating to such proceedings or determination shall be entertained or questioned in any court.

The rumour flying on social media is that ,the deputy governor was impeached for rearing chicken in the Government house, lol..........if this is true what is the Definition of Gross misconduct as defined under the 1999 constitution.

Section 188(11)  of the CFRN define Gross Misconduct as a grave violation or breach of the provision of this constitution or a misconduct of such nature as amount in the opinion in the house of Assembly to gross misconduct.

Category of persons that can be a member of the panel, such person(s) must be of unquestionable integrity, not being a member of any public service, legislative house, and political party to investigate the allegation of gross misconduct.

We still await press statement from the impeached deputy Governor stating that one of the allegation levelled against him was rearing of chicken in the Government House.

Thank you.

 

Oyenike Alliyu-Adebiyi LLB(hons)BL