EXPLAINER: How governor can be impeached in Nigeria

Impeaching a state governor in Nigeria is a constitutional process designed to uphold accountability while preventing arbitrary removal.

However, political influences often play a role.

Outlined in Section 188 of the 1999 Constitution, the process begins when at least one-third of the State House of Assembly members sign a notice of allegation, which is then presented to the Speaker and served to the governor.

The governor has the right to respond, after which the House votes on whether to proceed.

A two-thirds majority is required to advance the case.

If approved, the Chief Judge appoints a seven-member panel of individuals with unquestionable integrity to investigate. If the panel finds the allegations unproven, the process ends.

However, if the charges hold, the Assembly votes again. A two-thirds majority vote results in the governor’s removal.

Though constitutionally protected, the impeachment process has often been marred by political interference, with some impeachments later overturned by the courts due to procedural flaws.

Below is the step-by-step process of impeaching a governor in Nigeria:

Step 1: Notice of allegation

A written notice containing allegations of gross misconduct against the governor must be signed by at least one-third of the members of the State House of Assembly.

This notice is then presented to the Speaker of the State House of Assembly.

Step 2: Serving the notice

Within seven days of receiving the notice, the Speaker must serve a copy of the allegation to the governor and each member of the State House of Assembly.

Step 3: Governor’s right to respond

The governor has the right to respond to the allegations, though they may choose not to. Any response must be sent to all members of the State House of Assembly.

Step 4: Initial assembly vote

Within 14 days of presenting the notice, the State House of Assembly must pass a motion, without debate, on whether the allegations should be investigated. For the motion to succeed, it must be supported by at least a two-thirds majority of all members of the House.

Step 5: Formation of an investigative panel

If the motion fails to secure a two-thirds majority, the impeachment process stops immediately. However, if the motion is passed, the Speaker must, within seven days, request the Chief Judge of the state to appoint a seven-member panel to investigate the allegations. The panel members must be persons of unquestionable integrity and must not belong to any public service, legislative house, or political party.

Step 6: Investigation and governor’s defence

The panel must conduct its investigation and submit its report within three months of its appointment. During the proceedings, the governor has the right to defend themselves and can be represented by legal practitioners of their choice.

Step 7: Panel’s findings

The panel has the authority to conduct its investigation based on the procedures set by the State House of Assembly. Upon concluding its inquiry, it must submit its findings to the State House of Assembly within three months.

Step 8: Consideration of the report

If the panel finds that the allegations against the governor are unproven, the impeachment process is terminated, and no further action is taken. However, if the panel concludes that the allegations are valid, the State House of Assembly will review the report, and a resolution for its adoption will be moved.

Step 9: Final vote for removal

For the resolution to be adopted, it must be approved by at least a two-thirds majority of all members of the State House of Assembly. Once adopted, the governor is officially removed from office as of the date of adoption.

Step 10: Legal restrictions

The proceedings and determinations of the panel or the State House of Assembly regarding impeachment cannot be challenged or reviewed in any court.

Step 11: Definition of gross misconduct

Under this section, “gross misconduct” refers to a serious violation or breach of the Constitution or any act considered by the State House of Assembly to be of such a severe nature that it qualifies as gross misconduct.