Impeachment: Court Jurisdiction Is Not Totally Ousted

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Nairaland Forum  |  General | Welcome  |  Politics (Moderator: RichyBlacK)  |  Impeachment: Court Jurisdiction Is Not Totally Ousted
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conscience (m)
Impeachment: Court Jurisdiction Is Not Totally Ousted
« on: January 18, 2006, 01:51 AM »

I read this beautiful article on the powers of the Courts to inquire into impeachment proceedings in Nigeria
 and felt i should share with you.
Please your comments are welcome both from Lawyers and Laymen alike.

 
Impeachment: Court jurisdiction is not totally ousted
By Bamidele Aturu 
http://www.guardiannewsngr.com/law/article01/170106

Perhaps the most controversial aspect of impeachment proceedings relates to section 188(10). The sub-section provides thus: 'no proceedings or determination of the Panel or of the House of Assembly or any matter relating to such proceedings or determination shall be entertained or questioned in any court'. This has been interpreted by some people including judges to mean that the court has no jurisdiction to entertain any complaint relating to or arising from the whole gamut of impeachment proceedings. Nothing can be further from the truth. If it were possible to construe section 188(10) without doing any violence to the other provisions of the constitution those who hold the view that the courts have no jurisdiction to try disputes arising from impeachment proceedings would have been right. But fortunately section 188(10) is not only in serious and violent conflict with many other provisions of the constitution, it is a complete negation of one of the fundamental planks of constitutionalism and the rule of law, namely, the right to fair hearing..........

READ ON:  http://www.guardiannewsngr.com/law/article01/170106

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