THE Rivers State House of Assembly today commenced an impeachment process against Governor Siminalayi Fubara and his deputy Professor Ngozi Odu by serving them notices of alleged misconduct.
The lawmakers, who only last Friday adjourned sitting indefinitely, reconvened today and claimed the action was in line with the Nigerian Constitution.
“In compliance with Section 188 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and other extant laws, we the undersigned members of the Rivers State House of Assembly hereby forward to you a Notice of Gross Misconduct by the Deputy Governor of Rivers State in the performance of the functions of her office,” the notice read.
Eighteen-Eleven Media reports that Section 188 of the 1999 Constitution outlines the first step of removing a governor and/or his deputy as submission of a written document outlining allegations of gross misconduct against him/her.
Recall that the Minister of the Federal Capital Territory (FCT), Chief Nyesom Wike recently sparked controversy when he declared that Governor Fubara can be impeached if he has committed an impeachable offence. Wike made this statement during a media parley, emphasizing that impeachment was a constitutional provision and not a criminal offence.
Furthermore, during his visit to Abalama on Saturday, Wike boastfully claimed that Fubara has already lost two significant battles and hinted that more losses are on the horizon. This statement has been perceived as a threat and has heightened tensions between Wike and Fubara.
Step-By-Step Process For Impeaching A State Governor In Nigeria:
Step 1: A written allegation of gross misconduct against the governor must be signed by at least one-third of the members of the State House of Assembly and presented to the Speaker of the State House of Assembly.
Step 2: Within seven days, the Speaker of the House of Assembly is expected to serve the state governor with a copy of the notice of allegation.
Step 3: The governor has a right to reply to the allegation levelled against him. The state lawmakers must be served each with the response from the governor.
Step 4: Within 14 days of the presentation of the notice to the Speaker of the House, they shall resolve by motion without any debate whether or not the allegation shall be investigated. The motion must be passed by at least a two-thirds majority of all members of the State House of Assembly.
Step 5: If the motion fails to get two-thirds, the process shall be halted. If the required votes are met, then the Speaker shall within 7 days of the passing of the motion, request the Chief Judge of the State to appoint a Panel to investigate the allegations.
Members of the panel should not have a political affiliation.
Step 6: Within three months, The panel is expected to report its findings to the State House of Assembly.
During the proceedings of the Panel, the Governor shall have a right to defend himself or have the right to be defended by a legal practitioner.
Step 7: Where the allegations of gross misconduct against the governor can not be proven, the impeachment proceedings shall end right there.
If the allegations can be substantiated, the House of Assembly shall consider the report and a resolution for adoption of the report shall be moved.
Step 8: At least two-thirds of members of the House of Assembly must vote in support of the resolution to be adopted and the governor shall be impeached while his motion to swear in his deputy shall be moved immediately and adopted.
Eighteen-Eleven Media