Protecting Vested Interests: The Constitutional Dodgeball of ‘Impeachment’ in Nigeria
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(1) Legal Practitioner and Associate Professor at the Faculty of Law, Nile University of Nigeria.
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Abstract
To act as a check and in a bid to ensure accountability, the constitution has bestowed on the legislative arm of government the power to remove certain elected political officers from office before the expiration of their tenure. This article undertakes a thorough analysis of the removal provisions under the Nigerian Constitution with the aim of determining its adequacy or any shortcomings contained therein. While adopting qualitative research, this work employed the doctrinal methodology in undertaking an examination of the removal process employed in the United States of America and finding that there is a systemic abuse of the removal process in Nigeria, addressing the shortcomings found in the Nigerian removal process. The relevant case law was also examined to address the judicial attitude to removal proceedings, and necessary recommendations have been proffered to ensure that not only are loopholes plugged but to make certain that the process of removal of elected officers is not wantonly abused and, correspondingly, integrity maintained.
Keywords
Impeachment, Removal Proceedings, Ouster Clauses, Judiciary, Gross Misconduct.
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