Prepared by: Edward Omaga
Channel: LAW AND THE PEOPLE – A Graylaw Practice LP Initiative
This report outlines the constitutional process for the impeachment of a State Governor in Nigeria, as explained in a recent episode of LAW AND THE PEOPLE, a YouTube initiative by Graylaw Practice LP. The episode, hosted by Edward Omaga, aims to provide a quick, clear, and legally accurate breakdown of what it takes to remove a sitting Governor from office under Nigerian law.
2. Constitutional Basis
The legal framework for impeaching a State Governor is provided under Section 188 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). A Governor can only be removed from office for gross misconduct, and this must follow a structured, multi-step process that ensures fairness and adherence to due process.
3. Step-by-Step Breakdown of the Impeachment Process
Step 1: The Allegation
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A written allegation of gross misconduct must be presented to the Speaker of the State House of Assembly.
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It must be signed by at least one-third of the House members.
Step 2: Notice to the Governor
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The Speaker must serve a copy of the allegation to the Governor within 7 days.
Step 3: Governor’s Right of Reply
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The Governor is entitled to reply in writing.
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His response must be circulated to all members of the House.
Step 4: Motion for Investigation
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Within 14 days, the House must vote (without debate) on whether the allegation warrants investigation.
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Two-thirds majority support is required for the motion to pass.
Step 5: Formation of Investigative Panel
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Upon approval, the Speaker requests the Chief Judge of the State to set up a 7-member panel.
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Panel members must be non-partisan and of unquestionable integrity.
Step 6: Panel Investigation
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Per Section 188(5)-(6), the panel has up to 3 months to investigate.
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The Governor has the right to defend himself in person or through a legal representative.
Step 7: Panel Report and House Resolution
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As outlined in Section 188(7), if the panel finds the allegations unsubstantiated, the process ends.
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If substantiated, the House reviews the panel’s findings and proceeds to the next vote.
Step 8: Final Impeachment Vote
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Under Section 188(9), the House must vote again.
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If two-thirds of all members support the panel’s report, the Governor is impeached.
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The Deputy Governor is immediately sworn in as the new Governor.
The impeachment process is a serious constitutional mechanism designed with checks and balances to protect democratic governance. It ensures that Governors can be held accountable, but also shields them from politically motivated removals by enforcing a strict procedural framework.
Read also: REPORT ON THE LAUNCH OF “LAW AND THE PEOPLE” YOUTUBE CHANNEL
This episode of LAW AND THE PEOPLE is part of our ongoing effort to educate citizens on legal matters that affect them directly. Understanding these processes is key to citizen participation, accountability, and good governance.
