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Impeachment is when elected government officials such as the President, Vice-President, Governors, and Deputy Governors are lawfully removed from office before the end of the tenure of office if found guilty of gross misconduct.
The legislative arm of government in a nation is saddled with the responsibility of impeaching government executives who are found guilty of gross misconduct.
The process of impeaching a state governor in Nigeria is contained in Section 188 of the 1999 Constitution.
Under certain terms and conditions, a Governor may be replaced by another, for example through death, impeachment or if an election is annulled.
Here are the steps below:
Step 1: A written allegation of gross misconduct against the governor must be signed by at least one-third of the members of the State House of Assembly and presented to the Speaker of the State House of Assembly.
Step 2: Within seven days, the Speaker of the House of Assembly is expected to serve the state governor with a copy of the notice of allegation.
Step 3: The governor has a right to reply to the allegation levelled against him. The state lawmakers must be served each with the response from the governor.
Step 4: Within 14 days of the presentation of the notice to the Speaker of the House, they shall resolve by motion without any debate whether or not the allegation shall be investigated.
The motion must be passed by at least a two-thirds majority of all members of the State House of Assembly.
Step 5: If the motion fails to get two-thirds, the process shall be halted. If the required votes is met, then the Speaker shall within 7 days of the passing of the motion, request the Chief Judge of the State to appoint a Panel to investigate the allegations.
Members of the panel should not have a political affiliation
Step 6: Within three months, The panel is expected to report its findings to the State House of Assembly.
During the proceedings of the Panel, the Governor shall have a right to defend himself or have the right to be defended by a legal practitioner.
Step 7: Where the allegations of gross misconduct against the governor can not be proven, the impeachment proceedings shall end right there.
If the allegations can be substantiated, the House of Assembly shall consider the report and a resolution for adoption of the report shall be moved.
Step 8: At least two-thirds of members of the House of Assembly must vote in support of the resolution to be adopted and the governor shall be impeached while his motion to swear in his deputy shall be moved immediately and adopted. (The Nation)