What the 1999 constitution says about ‘impeaching’ Buhari

On Tuesday, some members of the house of representatives
called for President Muhammadu Buhari’s impeachment for approving
the withdrawal of sum of $496 million without their
nod.

This follows a letter which Buhari wrote to the house on
Tuesday, defending his approval of the money used for the
procurement of 12 Super Tucano aircraft from the US.

The money was said to have been withdrawn from the excess crude
account (ECA).

In a letter written to the national assembly, Buhari said he had
anticipated the lawmakers would approve the withdrawal.

Citing sections 80 and 81 of 1999 constitution, Kingsley Chinda,
from Rivers state, said the Nigerian law does not recognise
“anticipatory approval”.

“There is nowhere in our law that talked about anticipatory
approval. We cannot sit down and allow this to take place. It is an
impeachable offence. There is no infraction that is worse than
this. Let us not continue to sleep. I propose that we commence the
impeachment of Mr President,” he said.

WHAT DOES THE LAW SAY ABOUT ‘IMPEACHMENT’?

Section 143 of the 1999 constitution (as amended) deals with the
removal of the president and vice-president from office. It is a
very long process, taking at least three months to complete.

143. (1) The President or Vice-President may be
removed from office in accordance with the provisions of this
section.

(2) Whenever a notice of any allegation in writing
signed by not less than one-third of the members of the National
Assembly:-

(a) is presented to the President of the
Senate;

(b) stating that the holder of the office of President
or Vice-President is guilty of gross misconduct in the performance
of the functions of his office, detailed particulars of which shall
be specified, the President of the Senate shall
within seven days of the receipt of the notice cause a copy thereof
to be served on the holder of the office and on each member of the
National Assembly, and shall also cause any statement made in reply
to the allegation by the holder of the office to be served on each
member of the National Assembly.

(3) Within fourteen days of the presentation of the
notice to the President of the Senate (whether or not any statement
was made by the holder of the office in reply to the allegation
contained in the notice) each House of the National Assembly shall
resolve by motion without any debate whether or not the allegation
shall be investigated.

(4) A motion of the National Assembly that the
allegation be investigated shall not be declared as having been
passed, unless it is supported by the votes of not less than
two-thirds majority of all the members of each House of the
National Assembly.

(5) Within seven days of the passing of a motion under
the foregoing provisions, the Chief Justice of Nigeria shall at the
request of the President of the Senate 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 provide in this
section.

(6) The holder of an office whose conduct is being
investigated under this section shall have the right to defend
himself in person and be represented before the Panel by legal
practitioners of his own choice.

(7) A Panel appointed under this section shall
–

(a) have such powers and exercise its functions in
accordance with such procedure as may be prescribed by the National
Assembly; and

(b) within three months of its appointment report its
findings to each House of the National Assembly.

(8) Where the Panel reports to each House of the
National Assembly that the allegation has not been proved, no
further proceedings shall be taken in respect of the
matter.

(9) Where the report of the Panel is that the
allegation against the holder of the office has been proved, then
within fourteen days of the receipt of the report at the House the
National Assembly shall consider the report, and if by a resolution
of each House of the National Assembly supported by not less than
two-thirds majority of all its members, the report of the Panel is
adopted, then the holder of the office shall stand removed from
office as from the date of the adoption of the report.

(10) No proceedings or determination of the Panel or of
the National Assembly or any matter relating thereto shall be
entertained or questioned in any court.

(11) In this section –

“gross misconduct” means a grave violation or breach of the
provisions of this Constitution or a misconduct of such nature as
amounts in the opinion of the National Assembly to gross
misconduct.

On Tuesday, some members of the house of representatives
called for President Muhammadu Buhari’s impeachment for approving
the withdrawal of sum of $496 million without their
nod.

This follows a letter which Buhari wrote to the house on
Tuesday, defending his approval of the money used for the
procurement of 12 Super Tucano aircraft from the US.

The money was said to have been withdrawn from the excess crude
account (ECA).

In a letter written to the national assembly, Buhari said he had
anticipated the lawmakers would approve the withdrawal.

Citing sections 80 and 81 of 1999 constitution, Kingsley Chinda,
from Rivers state, said the Nigerian law does not recognise
“anticipatory approval”.

“There is nowhere in our law that talked about anticipatory
approval. We cannot sit down and allow this to take place. It is an
impeachable offence. There is no infraction that is worse than
this. Let us not continue to sleep. I propose that we commence the
impeachment of Mr President,” he said.

WHAT DOES THE LAW SAY ABOUT ‘IMPEACHMENT’?

Section 143 of the 1999 constitution (as amended) deals with the
removal of the president and vice-president from office. It is a
very long process, taking at least three months to complete.

143. (1) The President or Vice-President may be
removed from office in accordance with the provisions of this
section.

(2) Whenever a notice of any allegation in writing
signed by not less than one-third of the members of the National
Assembly:-

(a) is presented to the President of the
Senate;

(b) stating that the holder of the office of President
or Vice-President is guilty of gross misconduct in the performance
of the functions of his office, detailed particulars of which shall
be specified, the President of the Senate shall
within seven days of the receipt of the notice cause a copy thereof
to be served on the holder of the office and on each member of the
National Assembly, and shall also cause any statement made in reply
to the allegation by the holder of the office to be served on each
member of the National Assembly.

(3) Within fourteen days of the presentation of the
notice to the President of the Senate (whether or not any statement
was made by the holder of the office in reply to the allegation
contained in the notice) each House of the National Assembly shall
resolve by motion without any debate whether or not the allegation
shall be investigated.

(4) A motion of the National Assembly that the
allegation be investigated shall not be declared as having been
passed, unless it is supported by the votes of not less than
two-thirds majority of all the members of each House of the
National Assembly.

(5) Within seven days of the passing of a motion under
the foregoing provisions, the Chief Justice of Nigeria shall at the
request of the President of the Senate 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 provide in this
section.

(6) The holder of an office whose conduct is being
investigated under this section shall have the right to defend
himself in person and be represented before the Panel by legal
practitioners of his own choice.

(7) A Panel appointed under this section shall
–

(a) have such powers and exercise its functions in
accordance with such procedure as may be prescribed by the National
Assembly; and

(b) within three months of its appointment report its
findings to each House of the National Assembly.

(8) Where the Panel reports to each House of the
National Assembly that the allegation has not been proved, no
further proceedings shall be taken in respect of the
matter.

(9) Where the report of the Panel is that the
allegation against the holder of the office has been proved, then
within fourteen days of the receipt of the report at the House the
National Assembly shall consider the report, and if by a resolution
of each House of the National Assembly supported by not less than
two-thirds majority of all its members, the report of the Panel is
adopted, then the holder of the office shall stand removed from
office as from the date of the adoption of the report.

(10) No proceedings or determination of the Panel or of
the National Assembly or any matter relating thereto shall be
entertained or questioned in any court.

(11) In this section –

“gross misconduct” means a grave violation or breach of the
provisions of this Constitution or a misconduct of such nature as
amounts in the opinion of the National Assembly to gross
misconduct.