Abuse of impeachment in Nigeria

Ordinarily, the instrument of impeachment in Nigeria as in any other democratic society is supposed to be a mechanism to checkmate elected public office holders from going outside the boundaries of their powers or from going autocratic.

To check that “absolute power” that “corrupts absolutely”, impeachment is one of the processes to do so.

Since the return of Nigeria to civil rule in 1999, the country has had this process of impeachment grossly abused. Events of the recent times as they relate to impeachment of public officers have called to question what actually is the Constitutional interpretation of the word “impeachment” and what really amounts to “impeachable offence?”

Although the 1999 Constitution does not expressly employ the term “impeachment”, the process and procedure employed are synonymous with impeachment as is the case with the American Constitution.

Section 143 of the 1999 Constitution provides for the impeachment of both the President and the Vice President. Section 188 of the same Constitution provides for the removal of governors and their deputies.

This latter section is a replica of section 170 of the extant 1979 Constitution under which a former governor of the Old Kaduna State, Balarabe Musa, of the defunct People’s Redemption Party (PRP) was impeached by a House dominated by the also defunct National Party of Nigeria (NPN). He was the only executive governor removed under that constitution.

Between 2005 and 2007, about five governors were impeached in Nigeria by their State Houses of Assembly under processes that have remained controversial. The governors were said to have been removed without having regard to constitutional provisions by the lawmakers that carried out the exercise.

Historically, the United Kingdom that colonised Nigeria utilised the impeachment process until 1795 when Warren Hastings was impeached. Since that time, the impeachment process has no longer been in practice and the country has developed what is known as “passing a vote of no confidence” on any public officer who has committed an offence serious to warrant such a fundamental decision. However, the processes have been sparingly used by the United Kingdom. UK only resorts to them when it is absolutely necessary.

Moreover, the United States whose system Nigeria claims to be imitating is not as brazen when it comes to the use of the instrument of impeachment. In America for instance, impeachment is not only limited to the president and his vice, governors and their deputies but to all civil officers – they could be senators, judges or other classes of civil servants.

It is on record that since 1787 when the United States Constitution came into effect; only thirteen officers have so far been impeached. This underscores how Americans guard this provision jealously to avoid political instability. It is only used as a last resort when other avenues have become practically impossible.

It is worrisome that in our clime, politicians employ the instrument of impeachment to settle political scores. In the last few months, the country has been experiencing some elements of rascality in this regard. In some states, reasons that are inconsequential, which could easily be amicably ironed out without any noise making, have been allowed to fester to the point of hindering government activities while all the arms of government busy themselves hunting down a target.

We are really worried and concerned that this sorry state of affairs would further endanger the business of governance and foul the system.

The recklessness of the nation’s lawmakers who, because of their personal gain, allow themselves to play the rubber stamp role in the hands of governors, may lead to chaos if the ugly trend is not checked now.

The frivolity, with which the state legislatures manufacture their own versions of “gross misconduct” against the governor or deputy governor as the case may be, is a huge disservice to the Nigerian nation. We hope the madness will stop Now!