There have been reports that some members of the Nigerian upper and lower legislative chamber have threatened President Muhammad Buhari with impeachment.

Kingsley Chinda the chairman house committee on public accounts made this call on Wednesday 25th April 2018 over the withdrawal of $462million dollars from the excess crude account to fund the purchase of tucano jets from the United States without prior approval from the National Assembly.
This call was re-echoed in the upper legislative chamber by senator Matthew urhoghide where he urged the Senate to invoke section 143 of the Constitution which bothers on the President's impeachment.

The process of impeaching a Nigerian president is rather long winding and complex. In this light,i bring you the procedure for removing the president of Nigeria from office as stated clearly in Section 143 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) .

1.There must be a notice of any allegation in writing signed by not less than one-third of the members of the National Assembly.

2.The Notice of Impeachment requires the signature(s) of at least one-third (1/3) of all the members of the National Assembly. That means among the 469 members in the National Assembly. A minimum of 157 members of the National Assembly must sign the notice to commence the process.

3.It is then presented to the president of the senate in this case Bukola Saraki, stating that the holder of the office of President is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified.

4.The President of the Senate shall within seven days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the National Assembly, and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the National Assembly.

5.Within fourteen days of the presentation of the notice to the President of the Senate (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice) each House of the National Assembly shall resolve by motion without any debate whether or not the allegation shall be investigated.

6. A motion of the National Assembly that the allegation be investigated shall not be declared as having been passed, unless it is supported by the votes of not less than two-thirds majority of all the members of each House of the National Assembly.

7. Within seven days of the passing of a motion under the foregoing provisions, the Chief Justice of Nigeria shall at the request of the President of the Senate appoint a Panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provide in this section.

8. The President whose conduct is being investigated under this section shall have the right to defend himself in person and be represented before the Panel by legal practitioners of his own choice.

9.A Panel shall be appointed which shall;

(a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by the National Assembly; and

(b) within three months of its appointment report its findings to each House of the National Assembly.

10. Where the Panel reports to each House of the National Assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter.

11. Where the report of the Panel is that the allegation against president has been proved, then within fourteen days of the receipt of the report at the House the National Assembly shall consider the report, and if by a resolution of each House of the National Assembly supported by not less than two-thirds majority of all its members, the report of the Panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.

12. No proceedings or determination of the Panel or of the National Assembly or any matter relating thereto shall be entertained or questioned in any court.

And according to the constitution “gross misconduct” means 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.

IMPOSSIBLE.

I've read this before now. I must say that's not really very complex if laws work in Nigeria. Since our judiciary is very lame, one sponsored person will just fly to the court and ask for an injunction to stop the national assembly from proceeding, and the court will shamelessly grant it. You see?!

dinachi:

Did you read no 12?

Is the law followed in Nigeria? Don't you know that several governors have gone to court to challenge their removal from office after they were removed? There's practically no suit, no matter how useless it is, that Nigerian judges will not entertain in court due to corruption. The last one, the court ruled that Nyako should be paid all his salaries since he was sacked till his tenure officially expired.

dinachi:

Read no 12 again! It is very clear and no Judge will touch it.

I'm even talking about whilst the impeachment process is going on. Not after the conclusion. The law was talking about after the president has been removed from office. Didn't you see how NASS was yet to fully pass an election date amendment bill into law and someone went to the court to stop them from continuing on the bill and the court granted his prayer just yesterday.

The steps listed above are to be carried out when the President is perceived to exhibit "Gross misconduct" in carrying out his duties.

However there is another way to impeach a president and this entails whenever the President is "deemed unfit to rule" this has to do with health or mental issues . in this case the Federal executive council which includes the ministers and the vice president plays a key role, not Parliament.

The steps listed below must be followed in this regard as enshrined in the 1999 constitution.

Chapter VI, Section 144 says:

(1) The President or Vice-President shall cease to hold office, if -

(a) by a resolution passed by two-thirds majority of all the members of the executive council of the Federation it is declared that the President or Vice-President is incapable of discharging the functions of his office; and

(b) the declaration is verified, after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in its report to the President of the Senate and the Speaker of the House of Representatives.

(2) Where the medical panel certifies in the report that in its opinion the President or Vice-President is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the President of the Senate and the Speaker of the House of Representatives shall be published in the Official Gazette of the Government of the Federation.

(3) The President or Vice-President shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.

(4) the medical panel to which this section relates shall be appointed by the President of the Senate, and shall comprise five medical practitioners in Nigeria:-
(a) one of whom shall be the personal physician of the holder of the office concerned; and
(b) four other medical practitioners who have, in the opinion of the President of the Senate, attained a high degree of eminence in the field of medicine relative to the nature of the examination to be conducted in accordance with the foregoing provisions.

(5) In this section, the reference to "executive council of the Federation" is a reference to the body of Ministers of the Government of the Federation, howsoever called, established by the President and charged with such responsibilities for the functions of government as the President may direct.

Buhari your time is up you have been rejected

Blah blah blah..all this is possible if the constitution is respected..but in our country where the constitution isn't..!! It near impossible..!

PDP should go and prepare for general elections and remove bubu if they can. But if they choose to take the cowardly route of impeachment, they will also meet logjam there. Sai baba

#PMB1523

Seriously it is easier for Satan to turn a new leaf than for a sitting Nigeria President to be impeached even if ALL members of the National Assembly consent to it.

He can frustrate the move by nominating his boys to the CJN as members of the 7 man panel, who in turn will give him a clean bill of health (this is what Almakura did in 2014). All he had to do is to show him his corrupt file and he'll fall inline.

If the CJN is uncooperative, he can simply send EFCC/Police/DSS after him and "suspend" him from office while a new acting CJN will be given the responsibility. The suspended CJN will be battling in court...

Alternatively, if he is a mean President, all he had to do is to sponsor thugs to the National Assembly complex to cause trouble and will use the excuse to shut down the complex in order to restore law and order even before sitting commence.

A second alternative is to sponsor series of court cases to get some kangaroo injunctions against the National Assembly and that will be it.

Welcome To Naija...


But let's sack Buhari in 2019 And bring Senator Ahmed Makarfi to power

NASS is a toothless bulldog on Impeachments.


Saraki should go find his PVC

Thanks for this piece. I even thought it solely depends on NASS if they want to impeach the President, little did I know the CJN and a panel of his are involved. In fact, the power to impeach has to do with the report of the panel constituted by the CJN (based on number 10 clause). I don't think the NASS will be able to scale through at this stage let alone mobilizing two-third of its members. Impeachment is synonymous with impossicant.

35824L:
PDP should go and prepare for general elections and remove bubu if they can. But if they choose to take the cowardly route of impeachment, they will also meet logjam there. Sai baba

Try get sense na

TonyeBarcanista:
Try get sense na

I was about to tell you same thing

This is the best part of the constitution.
Back to daura.

cc lzaa onyeoga

spartan117:
1.There must be a notice of any allegation in writing signed by not less than one-third of the members of the National Assembly.

2.The Notice of Impeachment requires the signature(s) of at least one-third (1/3) of all the members of the National Assembly. That means among the 469 members in the National Assembly. A minimum of 157 members of the National Assembly must sign the notice to commence the process.

3.It is then presented to the president of the senate in this case Bukola Saraki, stating that the holder of the office of President is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified.

4.The President of the Senate shall within seven days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the National Assembly, and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the National Assembly.

5.Within fourteen days of the presentation of the notice to the President of the Senate (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice) each House of the National Assembly shall resolve by motion without any debate whether or not the allegation shall be investigated.

6. A motion of the National Assembly that the allegation be investigated shall not be declared as having been passed, unless it is supported by the votes of not less than two-thirds majority of all the members of each House of the National Assembly.

7. Within seven days of the passing of a motion under the foregoing provisions, the Chief Justice of Nigeria shall at the request of the President of the Senate appoint a Panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provide in this section.

8. The President whose conduct is being investigated under this section shall have the right to defend himself in person and be represented before the Panel by legal practitioners of his own choice.

9.A Panel shall be appointed which shall;

(a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by the National Assembly; and

(b) within three months of its appointment report its findings to each House of the National Assembly.

10. Where the Panel reports to each House of the National Assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter.

11. Where the report of the Panel is that the allegation against president has been proved, then within fourteen days of the receipt of the report at the House the National Assembly shall consider the report, and if by a resolution of each House of the National Assembly supported by not less than two-thirds majority of all its members, the report of the Panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.

12. No proceedings or determination of the Panel or of the National Assembly or any matter relating thereto shall be entertained or questioned in any court.

And according to the constitution “gross misconduct” means 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.

video of senators calling for buhari's impeachment
https://www.youtube.com/watch?v=8ElXTnLoqvc

Not really easy to impeach a sitting president in Nigeria




When he is in control of the security chief


He can withdraw security and send thug after cjn or the National Assembly

They should impeach him immediately then explain or follow the steps later just for the sake of innocent souls of children and adults killed by buhari body odour actions or inaction.

Daviddson:
I've read this before now. I must say that's not really very complex if laws work in Nigeria. Since our judiciary is very lame, one sponsored person will just fly to the court and ask for an injunction to stop the national assembly from proceeding, and the court will shamelessly grant it. You see?!

lol and exactly what happens in many cases.

You went on to copy my thread without referencing it?

https://www.nairaland.com/4292954/12-steps-impeach-president-according

Samleen:
You went on to copy my thread without referencing it?

https://www.nairaland.com/4292954/12-steps-impeach-president-according

Sorry dude I've never seen your thread neither do I care to

Not interested in his impeachment. Going back to Daura is the surest thing in 2019.

The process of impeaching the president is not complex if we have patriots and people of integrity in the NASS and the judiciary.

Considering current state of the nation vis-à-vis the confusion in government, incompetency of Buhari and the killings by Fulani terrorists his impeachment should have been a done deal by now but unfortunately we have irresponsible and greedy politicians in power who are more concerned about their positions and the next election instead of the oath of office they swore to protect and Nigerians welfare / safety.

Buhari's presidency is an aberration to governance and democracy.

When people come online to type 'impeach the president Now', I get amazed at their level of reasoning or ignorance. Do they think the president of Nigeria is some class captain in some pry/ sec. school?.

Listen, The president of Nigeria by virtue of the constitutional power he wield, is the most powerful leader in the world.

Even getting him to loose an Election require a lot of hard work by all concern.

You can vomit all the hate speech or abuse you can on the social media, but I will advise, if you are serious about getting this president to lose Election, get out of your comfort Zone and do the hard work that make sitting presidents loose Elections. if not, I am sorry you are wasting your time and data.

presidential:
When people come online to type 'impeach the president Now', I get amazed at their level of reasoning or ignorance. Do they think the president of Nigeria is some class captain in some pry/ sec. school?.

Listen, The president of Nigeria by virtue of the constitutional power he wield, is the most powerful leader in the world.

Even getting him to loose an Election require a lot of hard work by all concern.

You can vomit all the hate speech or abuse you can on the social media, but I will advise, if you are serious about getting this president to lose Election, get out of your comfort Zone and do the hard work that make sitting presidents loose Elections. if not, I am sorry you are wasting your time and data.

LOL you sound so naive

lecowas:
Thanks for this piece. I even thought it solely depends on NASS if they want to impeach the President, little did I know the CJN and a panel of his are involved. In fact, the power to impeach has to do with the report of the panel constituted by the CJN (based on number 10 clause). I don't think the NASS will be able to scale through at this stage let alone mobilizing two-third of its members. Impeachment is synonymous with impossicant.

oga as it stands today, buhari can. be Impeached without much difficulty, he has played into the hands of mass only that they may not want to do it. lesson, no matter your position humility pays there is always tomorrow, and don't lose your head to sycophants and praise singers, now his fate lies in the hand of the cjn his cabal did not want him to appoint and the bass he so much lothed ,despised ,harassed, and undermined as if he has all the powers in a democracy

surgical:
oga as it stands today, buhari can. be Impeached without much difficulty, he has played into the hands of mass only that they may not want to do it. lesson, no matter your position humility pays there is always tomorrow, and don't lose your head to sycophants and praise singers, now his fate lies in the hand of the cjn his cabal did not want him to appoint and the bass he so much lothed ,despised ,harassed, and undermined as if he has all the powers in a democracy

U're are even bringing up moral lesson from ur assumption.(that's funny tho) but remember the NASS were not able to override the initial bill he vetoed.

lecowas:


U're are even bringing up moral lesson from ur assumption.(that's funny tho) but remember the NASS were not able to override the initial bill he vetoed.

This is very different, if it were to be on medical ground now ,I would say it will be tough if not impossible but this one depends on the way the NASS wants to handle it but so far its doesn't seem they are a courageous lot,in the end nothing might happen

surgical:
This is very different, if it were to be on medical ground now ,I would say it will be tough if not impossible but this one depends on the way the NASS wants to handle it but so far its doesn't seem they are a courageous lot,in the end nothing might happen

oga..no one..I repeat..no one can impeach a Nigerian president..except God...... Una think say na your CLO for NYSC..it is highly difficult

surgical:
This is very different, if it were to be on medical ground now ,I would say it will be tough if not impossible but this one depends on the way the NASS wants to handle it but so far its doesn't seem they are a courageous lot,in the end nothing might happen

See according to what I learnt from what the op posted, the following are extremely crucial to scale through the impeachment process:
1)the NASS must have at least 2/3 of the members
2)they must rely on the report of the panel constituted by the CJN

As it stands:
Nass can't get that number
a)because the Hausa NASS members will not want osinbanjo(a Yoruba) to be president
b) the executive will threaten the stubborn ones among them with efcc because they all have skeleton in their cupboard
c)APC governors are 24 and they wield enormous power on their national assembly representatives(that's if they want to use it.

2)the CJN as it stands is an ally of the President and will therefore constitute a panel that favors him. Once that's done, the NASS are toothless bulldogs