DOES IMPEACHMENT MEAN REMOVAL ?

Permit me to avow that this issue of impeachment is the most recent

burning issue in the Nigerian polity. Lately, it has been incidents of
impeachment (removal, I mean here and there, victims which
include, the !overnor of Plateau "tate, the one of #$itti and %nambra
"tates, and now %damawa, and still counting...
I am inspired to do this for the very fact that it is a convention and trite
that almost every Nigerian spea$s thus& 'this Governor has been
impeached() 'that Governor was impeached() or 'the Governor will or
will not be impeached(.
Let me *uic$ly submit here that it is a thing to say, +he !overnor has
been I,P#%-.#/, and another thing entirely to say, +he !overnor has
been 0#,12#/, as we are going to see the rationale hereunder&
+he *uestions to be answered are& '3hat is impeachment(4 '/oes
impeachment mean removal(4 1r, do we say the President or the
!overnor has ceased being so because he has been impeached(4
'/oes impeachment always result in removal(4 '3hen do we say
impeachment and removal have occurred(4 1r, does Nigerian
constitution contemplate impeachment or removal(4
15ford /ictionary (%dvanced Learners 6 special price edition de7nes
impeachment as, the act of accusing a public o8cial or politician of
committing a serious crime. (Emphasis, mine
9lac$s Law /ictionary de7nes impeach as to, proceeds against a
public o8cer for crime or misfeasance, before a proper court, by the
presentation of a written accusation called, 'articles of impeachment(.
It e*ually de7nes impeachment as, criminal proceedings against a
public o8cer, before a *uasi6political court, instituted by a written
accusation called 'articles of impeachment(. It 7nally de7nes 'articles
of impeachment( as, the formal written allegation of the causes for an
impeachment, answering the same purpose as an indictment in an
ordinary criminal proceeding.
Indubitably, agreement with the foregoing de7nitions of impeachment
from these supreme sources 6 the #nglish /ictionary and the 9lac$s
Law /ictionary : will mean the admission of the fact that never at all
does impeachment mean removal. In other words, there is this radical
and sharp contrast between the word, impeachment cum its nature,
and the word, removal cum its nature.
Ironically, the ;<<< -onstitution of the =ederal 0epublic of Nigeria only
made e5press provisions for the removal of the President of !overnor.
9ut, the good news about our -onstitution is that there is nowhere
therein that impeachment is considered as removal. %ppreciably, the
provisions of our dear -onstitution provide& when, how and why the
President or the !overnor, as the case may be, can be removed) and
who to remove him. +hese are provided in sections ;>? and ;@@,
respectively, of the -onstitution. +herein, it is 7rmly contemplated that
not until the provisions of sub6sections (A6(< of the respective
sections ;>? and ;@@ are faithfully and Budiciously followed, shall there
be said that the President or a !overnor has been removed. ("ee&
section ;>?(; and section ;@@(;.
3hat is moreC Immense loo$ into the sub6section (A of section ;>?
and that of section ;@@ would unravel the fact that impeachment is
part of the stages or procedures for the removal of the President or the
!overnor as the case may be. It is thus, my humble submission that
the written notice of allegation provided in the sub6section is the
I,P#%-.,#N+. +hus, whenever a notice of allegation in writing, signed
by not less than one6third of the members of the National %ssembly or
the "tate .ouse of %ssembly, accusing the President or the !overnor
of gross misconduct in the performance of his function in his o8cial
capacity, presented to the "enate President or the "pea$er of the
.ouse, then, we can say that the President or the !overnor, as the
case may be, .%" 9##N I,P#%-.#/. ("ee& sections ;>?(A and ;@@(A
ibid.
9elieve meC +he provisions of sections ;>? and ;@@ of our -onstitution
present the respective procedures for the I,P#%-.,#N+ and 0#,12%L
of the President and the !overnor, respectively. In fact, I submit that
for procedures for I,P#%-.,#N+, see& (section ;>?(A6(> or section
;@@(A6(>) and for procedures for 0#,12%L, see& (section ;>?(D6(<
or section ;@@(D6(<.
+%E# N1+# that such copy of the said written notice of allegation must
have, within seven days of the receipt of the notice by the "enate
President or the "pea$er of the .ouse, been served to the President or
the !overnor, respectively, and on each member of the National
%ssembly or the "tate .ouse of %ssembly, respectively. +he President
or the !overnor must be availed of the opportunity to give his
response) and the copies of such (written response must be had too
by the respective members of the National %ssembly or the members
of the .ouse. 9ut, where he declines to ma$ing such response within
fourteen days of the presentation of the notice to the "enate President
or the "pea$er, as the case may be, then, the going ahead by either of
the .ouse, as the case may be, without hearing from the President or
the !overnor, for the impeachment, should be Busti7ed.
9ac$ home, now, the President or the !overnor shall not cease being
so until all the events in the provisions of the respective sections ;>?
and ;@@ of the ;<<< constitution have ta$en place. In other words,
impeachment cannot always result in removal. In other words, the
events in the provisions for I,P#%-.,#N+ may ta$e place, but, where
those of the provisions for 0#,12%L are not successful, then, the
victim survives. Put it this way. % President or !overnor can be
I,P#%-.#/ but can end up not 0#,12#/. 1therwise, dont forget in a
hurry that -linton, the former F" President, was I,P#%-.#/ but not
0#,12#/.
3hy then is this so4 It was because a President or a !overnor could be
e5onerated, or could not be proved to be guilty of any such gross
misconduct accused of, in which case, he would not be 0#,12#/,
albeit it could be said that he was I,P#%-.#/.
+%E# =F0+.#0 N1+# that it is the Panel set up by the -hief Gustice of
Nigeria or the -hief Gudge of the "tate, as the case may be, at the
re*uest of the members National %ssembly or the members of the
"tate .ouse : (a Panel which has passed the tests as contained in sub6
section (D of section ;>? and that of section ;@@ : which investigates
and determines whether or not the President or the !overnor is guilty
of allegation of gross misconduct. %nd where it so 7nds, then it
forwards its said 7ndings to the .ouse who then commences the
procedures for his 0#,12%L) and if the .ouse successfully complies
with the provisions for 0#,12%L afore6stated, then, the President or
the !overnor stands 0#,12#/ and hence, ceases being so. 9ut, if the
President or the !overnor is e5onerated by the Panel, I submit that he
can survive the further proceedings for his 0#,12%L.
+.#0#=10#, I conclude by urging every one of us, more especially the
media, to correct these e5pressions and use them appropriately& 'the
President has been removed() or 'the Governor has been removed(.
'The President has been impeached() or the Governor has been
impeached(.
MR. GOODNEWS MORAH (LL.B(HONS); BL))
!raduate "tudent, .ofstra "chool of Law, NH
(%0+I-L#, #/I+#/, PF9LI".#/ 9H 2%N!F%0/ N#3"P%P#0 ,%H AIIJ) NI!#0I%N L%3
"-.11L G1F0N%L AII@