Question

Difficulty: Very hardSecond Republic and the 1979 Presidential Constitution

Arrange the following procedural steps in their correct constitutional sequence as prescribed by Section 170 of the 1979 Constitution of Nigeria for the impeachment and removal of an executive State Governor from office:

  1. 1Submission of a written notice of allegation detailing gross misconduct, signed by not less than one-third of the members of the House of Assembly, to the Speaker.
  2. 2Passing of a resolution by a two-thirds majority of all members of the House of Assembly stating that the allegation of gross misconduct ought to be investigated.
  3. 3Appointment of a seven-member investigating panel of persons of proven integrity by the State Chief Judge at the request of the Speaker.
  4. 4Consideration and adoption of the investigating panel's report proving gross misconduct by a two-thirds majority vote of all members of the House of Assembly.

Answer

The correct sequence begins with the submission of a written notice of gross misconduct signed by at least one-third of the House of Assembly to the Speaker, followed by a two-thirds Assembly vote resolving to investigate, then the appointment of a seven-member panel by the Chief Judge, and concludes with a final two-thirds Assembly vote adopting the panel's guilty report to effect removal.
Under Section 170 of the 1979 Presidential Constitution of Nigeria, executive removal follows a strict chronological order: First, a notice signed by at least one-third of Assembly members is submitted to the Speaker. Second, the Assembly must vote by a two-thirds majority to investigate the allegation. Third, the Chief Judge of the State appoints a 7-member panel to investigate the charges. Fourth, if the panel finds the Governor guilty, the House of Assembly must pass a final resolution by a two-thirds majority to adopt the report, which instantly removes the executive from office.

Step-by-Step Solution

1
Identify the threshold required to initiate an impeachment notice under the 1979 Constitution.
At least one-third of the members of the House of Assembly must present a signed written notice of allegation to the Speaker.
Constitutional initiation requires a legislative minority threshold before formal assembly proceedings begin.
2
Determine the legislative requirement to move from notice to formal investigation.
The House of Assembly must pass a motion by a two-thirds majority of all members resolving to investigate the allegation within 14 days.
A high legislative threshold is required to ensure frivolous allegations do not lead to unwarranted judicial panels.
3
Identify the authority responsible for instituting the investigative body.
Upon receiving the Speaker's request, the Chief Judge of the State appoints a non-partisan 7-member investigating panel.
Separation of powers dictates that an independent panel appointed by the judiciary conducts the factual investigation.
4
Determine the final step required for removal if gross misconduct is reported by the panel.
The House of Assembly considers the report and must adopt the finding of misconduct by a two-thirds majority of all members.
Upon adoption of a guilty finding by two-thirds of the House, the Governor stands removed from office immediately.

Key Concept

Constitutional Impeachment Mechanism under Section 170 of the 1979 Constitution
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