Ortom: See 8 Constitutional Steps To Impeach A Governor

There was mild drama at the Benue State House of Assembly on Monday as some of its members forcefully gained access to the assembly complex in a bid to begin the impeachment process of Governor Samuel Ortom.

The assembly’s ousted Speaker, Terkimbi Ikyange, led seven other members – Adanyi Benjamin, Terhemba Chabo, Benjamin Nungwa, Bem Mngutyo, Adams Okloho, James Okefe and Nick Eworo – to a sitting where an impeachment notice was served to the Ortom.

The lawmakers are alleging amongst others, abuse of office and sharp practices against the governor.

The lawmakers’ bid to impeach Ortom is coming barely a week after the governor dumped the ruling All Progressives Congress for the Peoples Democratic Party (PDP).

In the light of the above, THE WHISTLER takes a look at eight constitutional procedures and requirements that must be met before any state governor in Nigeria can be impeached.

STEP I:
The 1999 Constitution (as amended) states that a governor whose impeachment is sought must have committed “a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion of the National Assembly to gross misconduct.”

If this is the case, members of the assembly may now proceed to issue the governor with a notice of any allegation in writing stating the “gross misconduct” committed by the governor. The Constitution also states that the notice must been signed at one-third of the total members of the Assembly.

STEP II:
The notice must be served with seven days to the governor and every member of the State House by the Speaker.

STEP III:
Each member of the State House must be served with governor’s response to allegations posed to him. (he/she does not have to reply however).

STEP IV:
Within 14 days of the presentation of the notice to the Speaker of the State House of Assembly, the State House of Assembly shall resolve by motion without any debate whether or not the allegation shall be investigated. This motion needs to be passed by at least two-thirds majority of all members of the State House of Assembly.

STEP V:
Whether or not the impeachment motion is valid will be determined by the majority (two-thirds) required to unseat the governor. If the motion fails, the impeachment automatically stops, but if otherwise, the Speaker of the State House of Assembly will within 7 days of the passing of the motion, request the Chief Judge of the State to set up a Panel of 7 persons who will then proceed to investigate the allegations levelled against the governor.

STEP VI:
The constituted panel will have no more than 3 months to submit its findings to the State Assembly after which. Meanwhile, the governor will be entitled to lawyers to defend him within that period.

Step VII:
If the panel finds governor culpable, the State House shall again move for adoption of a resolution to impeach the governor, but the panel cannot prove the allegations against the governor, the impeachment process ends there.

STEP VIII:
The second resolution must again be agreed by at least two-thirds of the Assembly before the governor is finally removed from office.

Meanwhile, once all of the above constitutional provisions have been followed to impeach a governor, he/she must immediately step down and vacate office for his/her deputy.

The constitution equally states that no court in the land may reverse the governor’s impeachment after the eight steps above must have been followed by the state assembly.