Impeachment In Nigeria; A Legal Or Political Tool

Impeachment In Nigeria; A Legal Or Political Tool
Abstract
The analysis in this paper seeks to to critically analyse impeachment in Nigeria to ascertain whether it is a legal or political tool. This paper is anchored on the aftermath several impeachment cases in Nigeria since the return of civil rule in 1999. It argued that the impeachment cases were characterized by all kind of illegality and abuse. It also argued that the primary cause is simply because our politicians see politics as a means to achieve economic empowerment which should be achieved by any means humanly possible. Consequently, the result has been subversion of the democratic process and political instability in the country. This paper recommends that provision of impeachment process in Nigeria constitution should be amended to make it the last option in removing the executive from office. It also recommends that civil education should be introduced into our school curriculum where young men and women will be taught on how to imbibe the spirit of love and service to their fatherland. This of course would open the eyes of our youths to understand that politics is not a means to acquire massive wealth but an opportunity to serve the country with little or no financial benefit.
Table of Content
Preliminary Page(s)
- Title Page
- Declaration
- Approval
- Dedication
- Acknowledgement
- Abstract
- Table of Content
Chapter One
1.0 Introduction
- 1.1 Background of the Study
- 1.2 Statement of the Problem
- 1.3 Aim and Objectives of the Study
- 1.4 Research Question
- 1.5 Significance of the Study
- 1.7 Definition of Terms
- 1.8 Organization of Study
Chapter Two
2.0 Literature Review
- 2.1 Conceptual Review
- 2.2 History of Impeachment
- 2.3 History of Impeachment in Nigeria
- 2.4 Definition of Impeachment
- 2.4.1 Definition of Impeachment in Nigeria
- 2.5 Concept of Removal From Office in Nigeria
- 2.6 Procedures of Impeachment in Nigeria
Chapter Three
3.0 Research Methodology
- 3.1 Research Design
- 3.2 Data and Sources
- 3.3 Data Analysis
Chapter Four
4.0 Results and Discussion
- 4.1 The Rule of Law and Impeachment in Nigeria
- 4.2 Impeachment in Nigeria: Legal or Political Tool
- 4.3 Role of the Judiciary
Chapter Five
5.0 Conclusion and Recommendation
- 5.1 Conclusion
- 5.2 Recommendations
- References
Chapter One
1.0 Introduction
1.1 Background of the Study
The presidential system of government is simply a democratic (government of the people, for the people and by the people) and republican (a state where supreme power is held by the people through their elected representatives which has an elected or nominated president rather than a monarch) system of government where a head of government leads an executive branch that is separate from the legislative branch and the judicial branch. The presidential system is deeply rooted in the foundations of the doctrine of separation of power propounded by French philosopher Baron de Montesquieu1, which posits that to ensure that each arm of government – executive, legislature and judiciary; performs a distinctive function in order to avoid consolidation of the powers of governance into one hand which is capable of promoting tyranny and accentuate human rights violations. Fundamentally, Montesquieu advocated that the legislature must make the law, the executive to execute the law made by legislature and the judiciary to interpret the laws in the case of ambiguity or where the law is sought to be interpreted. This will in a great way reduce the abuse of power.
However, due to the interdependent nature of the three arms of government, it became important for any government to align itself with the doctrine of checks and balances as formulated by A.V. Dicey. The only remedy to abuse of power is the effective employment of the principle of checks and balances within the three arms of government. As it is found in the presidential system of government, when officials of government are elected or appointed into their respective offices and they serve the will of the electorates for the term they have been elected or for the term allowed by the law in place. Through the doctrine of checks and balances, officials of government are held accountable for their actions and inactions while they serve the public and when they fail or come up short in the discharge of this responsibility, the doctrine posits impeachment for the executive, recall for the legislature and dismissal for the judiciary.
A reflection into the governance structure of Nigeria exposes that the doctrines of separation of power and that of checks and balances are underlying laces that the fabrics of the foundation of the Nigerian government. This work focuses on the procedure set in place by the law for the legislative arm to remove from office the executive officers at both the state and the federal level and the role the judiciary plays to affect the entire process. The Constitution of Nigeria like other democratic constitutions; creates the offices of the President,2 the Vice President,3 the Governor4 and the Deputy Governor5, it also proscribes how they leave office6 and the powers of the legislature to that effect7. A cursory look at the history of Nigeria will show that the power of impeachment has over the years been abused but for the timely intervention of the judiciary in some cases.
Impeachment is both constitutional and political arrangements to remove erring public officers from office for gross misconduct or grave violations of the constitution. The impeachment clause was enshrined in the 1999 Constitution as a result of the immunity that public officers enjoy8.
The abuse of office or power by the executive can only be reduce to the barest minimum through the proper use of the instrumentality of impeachment in the hands of the legislature. The power to impeach must effectively and efficiently be used by the legislature to remove from office any executive officer who goes contrary to his constitutional powers or conducts himself in a way or ways not fit and proper for such office he is holding.
In the exercise of this power however, the legislature must ensure that the proper procedure is followed to the core in order to avoid such impeachment procedure being declared null and void by the judiciary.
This work does not only examine the concept of impeachment of the executive in Nigeria under the 1999 Constitution but also appraises the law and politics of impeachment to determine whether its a legal or political affair.
This study will examine primarily the procedures for impeachment in Nigeria and the reaction of the Courts towards impeachments. It shall also examine the role of the legislature in impeachments and uncover the lapses in the impeachment procedure and proffer solution to such lapses.
1.2 Statement of the Problem
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 solution to such lapses. These lapses are the problem this research work intends to resolve.
The researcher has no doubt that this work will be of tremendous help to researchers, legislators, politicians and the public at large due to its constitutional jurisprudential value. The gap between the two legal systems is the major problem this work seeks to breach.
1.3 Aim and Objectives of the Study
The ultimate aim of this study is to critically analyse impeachment in Nigeria to ascertain whether it is a legal or political tool. The objectives of this long essay on the other hand are:
- To understand the procedure of impeachment and the attitude of the judiciary towards impeachment in Nigeria.
- To bring to bear the inadequacies in the procedure of impeachment in Nigeria
- To appraise the political and legal aspects of impeachment in Nigeria.
- Proffer solutions to the problems on procedure of impeachment in the course of the research.
1.4 Research Question
This research work intends to answer the following questions:
- What is the procedure of impeachment and the attitude of the judiciary towards impeachment in Nigeria?
- What are the inadequacies in the procedure of impeachment in Nigeria?
- What are the political and legal aspects of impeachment in Nigeria?
- What are solutions to the problems on procedure of impeachment in Nigeria?
1.5 Significance of the Study
The significance of this study is to give a general understanding of the concept of impeachment and buttress the necessity of the concept. This work will aid the legislature in following due process in engaging in impeachment proceedings and also educate the general public on the procedures of impeachment and the attitude of the court towards matters of impeachment. The essence of this work can only be achieved through a comparative approach. Comparative analysis helps us develop explanations and test theories of the ways in which political processes work and in which political change occurs. The above clearly shows the place of comparison in this research. Finally, this research is of great importance as it will add to the current literature on impeachment and also open avenues for further research in the area.
1.7 Definition of Terms:
Impeachment:
Impeachment is the process by which charges are brought against a government official, which can result in his removal from office.
1.8 Organization of Study
The study comprises of 5 chapters. In chapter one, the concepts are introduced and the problem of the study is established with the research objectives and questions. Chapter two presents the literature review while chapter three presents the research methodology. The fourth chapter presents the results and discussion, and the last chapter presents the conclusion and recommendation.
Chapter Five
5.0 Conclusion and Recommendation
5.1 Conclusion
Nigeria is a country practicing democracy. It is however sad, as seen from the foregoing, that the rules or tenets of democracy are cheaply rejected and abandoned during impeachment proceedings. It is therefore contended in this paper that impeachment proceeding has a very large influence on the continual operation of democracy in the country. It is strongly posited that democracy can thrive only where the rule of law is obeyed especially in impeachment proceeding.
In this paper, the procedures for impeachment have been carefully examined and dissected. The abuse and misuse of the power to impeach by the legislators are also established and criticized. As the judiciary is the bulwark of the people’s liberty, it is posited in this paper that the courts must give liberal approach to impeachment litigations. It must be very active in protecting the execetive who are usually at the mercy of the legislators, usually for the wrong (political) reasons.
It is the contention of this writer that where impeachment proceeding is carried out without recourse to rule of law and due process, there will be political instability, economic downturn and social insecurity. Although, the politicians of Nigeria are very adamant and quite incorrigible in respecting and obeying the law of the land especially in cases of impeachment, it is however suggested that more machineries should be in place to instill democratic values in the political class.
From the foregoing, we conclude as follows:
- That Nigerian politicians employ the instrument of impeachment to settle political scores.
- That Nigerian constitution is porous in interpretation of what amount to impeachable offences.
- That Nigerian politicians are only interested on how to grab the political power with any means humanly possible for selfish interest.
- That Nigerian politicians see political office as a means to earn a living and not for service to the people.
- The 1999 constitution of Nigeria gave the legislature the power to remove the executive at their own wish.
5.2 Recommendations
The ultimate question that should be asked is, is there any way out of this calamity? Or can we make our politicians have a rethink and obey the rules of the game? For sure, the crisis surrounding the process of impeachment in Nigeria could fuel greater instability in a country already notoriously unstable. To ensure this crisis does not consume the country’s democracy, we highlighted the following possible solutions.
The issue of godfatherism cannot be totally eradicated in Africa as a whole and Nigeria, to be specific but there should be a limit to what they can and cannot do. They should not be all powerful dictators who enthrone and dethrone at will. As a matter of fact, where it can be proved that a godfather has unduly influenced the removal of a political office holder whether by offering of cash or making a promise of financial reward, such a godfather should be prosecuted for treason and by doing so, it will serve as deterrent to some of the corrupt godfathers who enthrone and dethrone political office holders at their whims and caprices. It is high time we started seeing godfatherism as an evil and not as a virtue. Secondly, under the 1999 constitution of Nigeria, impeachment offence is categorized as gross violation or breach of provision of this constitution or a misconduct of such nature as in the opinion of the National Assembly (or state House of Assembly) amounts to gross misconduct. This interpretation leaves much to be desired. It is highly subjective, this is because the legislature is given wider and blanket to determine or interpret what a gross misconduct is. It is therefore suggested that there should be an amendment to the provision of S. 188(II) and S. 143 (II) 1999 constitution in such a way that constitutes gross misconduct will be specific though not to be too narrow as specified by Supreme Court of Nigeria.
Thirdly it has been noticed that many of them go into politics not to serve the masses but to enlarge their private pockets. To them, politics is a business venture and not an avenue to serve the electorate who elects them into office. It is therefore suggested that civil education should be introduced into our school curriculum at both primary and secondary school levels, where young men and women will be taught on how to imbibe the spirit of love and service to their father land. Fourthly, the remuneration, allowances and other financial benefits attached to political offices should be reduced to barest minimal, this of course would make political offices less attractive so that nobody would like to spend his hard-earned money to sponsor impeachment of anyone.


The Complete Material Will Be Sent to You in Just 2 Steps
Quick & Simple…
![]()
Make Payment (Through Transfer) of ₦5,000 to the Account Below
![]() | Acc No: 0811003731 |
| Samphina Academy | |
| Current Account |
Or CLICK HERE To Pay With Debit Card
| FOR STUDENTS OUTSIDE NIGERIA | |
| CLICK HERE To Pay With Card ($15) | |
| FOR GHANA STUDENTS (GHS 100) | |
![]() | MTN MoMo |
| 0553978005 | |
| Douglas Osabutey | |
![]()
Send the Following Details on WhatsApp ( 07062590260 ) After Payment
- Payment Details
- TOPIC: Impeachment In Nigeria; A Legal Or Political Tool
The Complete Material Will Be Sent To You On WhatsApp After Receiving Your Details
T & C Apply
Students Review
List of Related Works
The Concept Of State Recognition Under International Law
Constraints To Access To Justice By Victims Of Human Rights Abuse
Effect Of Ouster Clauses On The Right Of Access To Court In Nigeria
Gun Control Law: The Way Forward To End Herdsmen Banditry In Nigeria
Testate And Intestate Succession Under Nigeria Customary Law
Customary Succession Law In Modern Ibo Land; Judicial And Legislative Dimension In Focus
Non-Governmental Organisations And Child Marriage In Nigeria
Employer’s Liability To Hid Employee Under The Nigerian Contract Of Employment
Copyright Infringement On Social Media Platforms: Challenges And Prospects
The Critical Examination Of The Prospects And Challenges Of The Land Use Act Of 1978 To Nigerians
The Social Media And The Clamour For Security Sector Reforms In Nigeria Between 2015 And 2019
Analysis Of The Right Of Access To Information Under Nigerian Law
The Role Of African Union (AU) In Conflict Resolution
Critical Examination Of The Right Of Artificially Inseminated Child To Inherit Under Islamic Law
A Critical Analysis Of The Requirements Of Insurable Interest Under The Nigeria Law Of Insurance
International Law And Crime Against Humanity In Africa: A Case Study Of Dafur
Tortious Liability Of Medical Practitioners In Nigeria; An Appraisal
Evaluation Of The Legal Framework On Juvenile Justice System And Rehabilitation Programs In Nigeria
An Analysis Of The Legal Framework Of E-Commerce In Nigeria
The Legal Framework For The Protection Of Women’s Rights In Nigeria
Appraising The Role Of Multinational Joint Task Force And Combating Boko Haram In Nigeria 2015-2019
The Role Of Cybersecurity In Combating Online Fraud In Nigeria: A Legal Perspective
A Critique On The Effect Of Frustration Under The Nigerian Law Of Contract
Human Rights And National Security; A Critical Appraisal Of The Nigerian Perspective
Critical Appraisal Of Homicidal Trials Under The Criminal Code In Nigeria
An Appraisal Of The Application Of The Law Relating To Domicile In Nigeria
Crime Reporting And Perceived Effects On It’s Victims; A Case Study Of Ilorin Metropolis
Critical Review Of The Rights Of The Displaced Persons In The Course Of Natural Disasters In Nigeria
Divorce; Its Incidents And Place In The Nigerian Legal And Cultural System
A Contemporary Overview Of The Right To Succession Under Nigeria Customary Law
The Violation Of Human Rights; A Critical Review Of The Endsars Protest In Lagos State
Tom L. Beauchamp’s Theory Of Informed Consent: An Ethical Study
The Prosecution Of Rape And Its Challenges In Nigeria
Human Trafficking And Child Abuse In Nigeria (Edo State As The Case Study)
Dissolution Of Marriage; Problems And Prospects
The Doctrine Of Privity Of Contract: Its Application And Critique In Contemporary Jurisprudence
The Legal Framework Of The Rights Of Women In The Workplace: A Nigerian Perspective
Do Judges Make Law? (A Cursory Look At The Recurring Question)
A Comparative Analysis Of Women Political Participation In Politics In Nigeria And USA
Locus Standi As An Obstacle To Environmental Justice In Nigeria
The Decision Of The Supreme Court Case Of Ukeje V. Ukeje In Relation To Igbo Customary Law
An Appraisal Of Rape Under The Criminal Justice System, Causes, Effects And Legal Implications
Applicability Of Natural Law Principles To The Law Of Negligence In Nigeria
Israel Hamas / Hezbollah War: An International Humanitarian Law Perspective
An Analysis Of Nigeria Legal Framework For Combating Human Trafficking
Glass Ceiling And It’s Implications On Women Economic Empowerment In Lagos State, Nigeria
Consumer Protection Laws And Its Impact On Consumption Of Tobacco Product In Lagos State
The Prerequisites Of A Valid Will; A Critical Analysis


