Appraisal Of Impeachment Process Under The 1999 Constitution Of Nigeria

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Appraisal Of Impeachment Process Under The 1999 Constitution Of Nigeria

Abstract

This project report centres on Appraisal of impeachment process under the 1999 Constitution of Nigeria. It x-rays basically the Legislatures excessive and negative use of impeachment process provided in the 1999 Constitution against the Executive arm of government, particularly, State Governors and their Deputies. This anomaly forms the foundation upon which the statement of the research problem of this work is anchored.
This research highlights in details the procedure for impeachment, the historical development of impeachment, the meaning of gross misconduct which is the main ground for carrying out impeachment proceedings. The roles of courts and other institutions are also discussed.
The research reveals through case laws how our legislators abused the impeachment process in order to achieve their selfish interests while relying on the erroneous impression that their actions cannot be questioned in court. The courts however rose to the occasion and checkmated their excesses leading to upturning almost all the cases filed by the impeached persons. The courts defined the true import and intent of Sections 143(10) and 188(10) of the 1999 Constitution of Nigeria which oust the jurisdiction of court from entertaining cases emanating from impeachment proceedings.

In this appraisal the researcher relies on doctrinal and empirical research methods. To this extent, questionnaires and oral interviews were employed, analysed and arrived at mind-blowing results.
In conclusion, it is revealed among other things that the impeachment process has done more harm than good in the political development of Nigeria and that the Constitution requires an amendment to correct the anomalies inherent therein. It is recommended inter alia that constitutional courts should be established to try impeachment cases with dispatch.