A critical analysis of the Impeachment power of legislature under the Nigerian Constitution

The power of impeachment is created and vested in the Nigerian legislature under the constitution. Why, when and how the power is to be exercised have been provided under the constitution and some laws. However, compliance with the constitutional requirements for the exercise of this power has alway...

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Main Author:	Sani, Abdullahi
Format:	Thesis
Language:	eng eng eng
Published:	2018
Subjects:	JA Political science (General) K Law (General)
Online Access:	https://etd.uum.edu.my/9231/1/s99015_01.pdf https://etd.uum.edu.my/9231/2/s99015_02.pdf https://etd.uum.edu.my/9231/3/s99015_references.docx
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id	my-uum-etd.9231
record_format	uketd_dc
spelling	my-uum-etd.92312022-04-06T00:41:15Z A critical analysis of the Impeachment power of legislature under the Nigerian Constitution 2018 Sani, Abdullahi Md. Ismail, Che Thalbi A Rahman, Aspalela Ghazali Shafie Graduate School of Government Ghazali Shafie Graduate School of Government JA Political science (General) K Law (General) The power of impeachment is created and vested in the Nigerian legislature under the constitution. Why, when and how the power is to be exercised have been provided under the constitution and some laws. However, compliance with the constitutional requirements for the exercise of this power has always been are concern as almost all the exercises have been challenged in courts for noncompliance. This study, therefore, provides a critical analysis of the law and practice of impeachment. In this light, it analyzes the constitutional and legal provisions in relation to the roles of the lawmakers, chief judges and members of investigation panels. The data used in this study were collected using the library approach and semi-structured interviews conducted with relevant stakeholders. The study found, among others, that noncompliance with the constitutional requirements for impeachment is attributable to some provisions which are difficult to comply with like personal service requirement. Furthermore, the constitution vests enormous impeachment powers on the legislature without any mechanism for check and balance in the course of its exercise. It is also found that there are no provisions on standard of proof of the grounds for impeachment. On judicial review of impeachment, it is found that it is bedeviled by challenges such as delay and lack of respect for court order. Consequently, it is recommended, among others, that the constitution be amended to provide for substituted service where personal service is difficult. Furthermore, Constitutional Court be established and vested with specific power to check the exercise of impeachment power. Standard of proof "on balance of probability" be provided for proof of grounds for impeachment. On the challenges to judicial review of impeachment, it is recommended that time frame to conclude judicial review of impeachment be provided and the laws on contempt proceedings be enforced to ensure compliance with court orders. 2018 Thesis https://etd.uum.edu.my/9231/ https://etd.uum.edu.my/9231/1/s99015_01.pdf text eng public https://etd.uum.edu.my/9231/2/s99015_02.pdf text eng public https://etd.uum.edu.my/9231/3/s99015_references.docx text eng public other doctoral Universiti Utara Malaysia
institution	Universiti Utara Malaysia
collection	UUM ETD
language	eng eng eng
advisor	Md. Ismail, Che Thalbi A Rahman, Aspalela
topic	JA Political science (General) K Law (General)
spellingShingle	JA Political science (General) K Law (General) Sani, Abdullahi A critical analysis of the Impeachment power of legislature under the Nigerian Constitution
description	The power of impeachment is created and vested in the Nigerian legislature under the constitution. Why, when and how the power is to be exercised have been provided under the constitution and some laws. However, compliance with the constitutional requirements for the exercise of this power has always been are concern as almost all the exercises have been challenged in courts for noncompliance. This study, therefore, provides a critical analysis of the law and practice of impeachment. In this light, it analyzes the constitutional and legal provisions in relation to the roles of the lawmakers, chief judges and members of investigation panels. The data used in this study were collected using the library approach and semi-structured interviews conducted with relevant stakeholders. The study found, among others, that noncompliance with the constitutional requirements for impeachment is attributable to some provisions which are difficult to comply with like personal service requirement. Furthermore, the constitution vests enormous impeachment powers on the legislature without any mechanism for check and balance in the course of its exercise. It is also found that there are no provisions on standard of proof of the grounds for impeachment. On judicial review of impeachment, it is found that it is bedeviled by challenges such as delay and lack of respect for court order. Consequently, it is recommended, among others, that the constitution be amended to provide for substituted service where personal service is difficult. Furthermore, Constitutional Court be established and vested with specific power to check the exercise of impeachment power. Standard of proof "on balance of probability" be provided for proof of grounds for impeachment. On the challenges to judicial review of impeachment, it is recommended that time frame to conclude judicial review of impeachment be provided and the laws on contempt proceedings be enforced to ensure compliance with court orders.
format	Thesis
qualification_name	other
qualification_level	Doctorate
author	Sani, Abdullahi
author_facet	Sani, Abdullahi
author_sort	Sani, Abdullahi
title	A critical analysis of the Impeachment power of legislature under the Nigerian Constitution
title_short	A critical analysis of the Impeachment power of legislature under the Nigerian Constitution
title_full	A critical analysis of the Impeachment power of legislature under the Nigerian Constitution
title_fullStr	A critical analysis of the Impeachment power of legislature under the Nigerian Constitution
title_full_unstemmed	A critical analysis of the Impeachment power of legislature under the Nigerian Constitution
title_sort	critical analysis of the impeachment power of legislature under the nigerian constitution
granting_institution	Universiti Utara Malaysia
granting_department	Ghazali Shafie Graduate School of Government
publishDate	2018
url	https://etd.uum.edu.my/9231/1/s99015_01.pdf https://etd.uum.edu.my/9231/2/s99015_02.pdf https://etd.uum.edu.my/9231/3/s99015_references.docx
_version_	1747828552281096192

A critical analysis of the Impeachment power of legislature under the Nigerian Constitution

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