A bill to simplify the process of impeachment of a president and his vice scaled the second reading in the House of Representatives yesterday. National Mirror had three weeks ago exclusively reported that the members would pass the bill for second reading before they adjourned for a long recess.
The piece of legislation, which seeks to remove ambiguities in conditions precedent for the removal of a President and vicepresident was sponsored by Hon. Yakubu Dogara (PDPBauchi), Hon. Emmanuel Jime (PDP-Benue) and others.
The proposed law titled: “An Act to Alter the Provisions of Section 143 of the Constitution of the Federal Republic of Nigeria, 1999 to Remove Ambiguities in the Process of Removal of the President from Office on Allegations of Gross Misconduct and to Provide for a more Transparent and Democratic Procedure for Impeachment and other Matters Connected” was passed for second reading after a heated debate.
The bill seeks to copy the American model of impeaching a president by making the process less cumbersome. The lawmakers are seeking powers to initiate the process and investigate it rather than leave it to the Chief Justice of Nigeria.
Though it was heavily attacked, the bill scaled second reading when it was put to vote. The key sponsor of the bill, Dogara, who led the debate, said: “The essence of the bill is meant to hold the executive accountable so that checks can be created, and it is not meant to target this term, but rather, make the process less ambiguous on grounds of misconduct. Let’s all look at this and do it in the interest of Nigerians.”
The Minority Leader of the House, Hon. Femi Gbajabiamila (ACN-Lagos), however, led the opponents to the bill. He argued that the bill, if passed into law, might be subjected to other ambiguities, stressing that gross misconduct could be subjected to redefinition.
Gbajabiamila urged the House to exercise maturity in considering the bill as it might send wrong signals to the public. “I will very quickly go on to shoot the bill down,” Gbajabiamila said, adding that “the timing of the bill is wrong and people will read meanings into to it, we must be mature about it.”
According to him, “The United States of America’s House of Representatives was caught up in something similar when the impeachment of President Clinton was going as regards to his affairs with an intern.”
The bill was gazetted by the House on May 5, also seeks to make the lower chamber the impeaching House, while the Senate would, after the president or his vice’s impeachment, set up a quasi-judicial panel presided over by the CJN with lawmakers as prosecutors before a final verdict either nails or exonerates the president or a Deputy.
The bill states in part: “The President or Vice- President shall be removed from office on allegations gross misconduct in accordance with the provisions of this section”.
The bill seeks to amend sub-section 2 of 143 to read that: “Whenever the Committee of the House of Representatives in charge of Judiciary decides on whether or not to proceed with impeachment proceedings against the holder of the office of the President or Vice-President on allegations of gross misconduct”.
According to the bill: “The Chairman of the Committee on Judiciary of the House of Representatives shall propose a motion to begin an inquiry into such allegation of gross misconduct, and if the motion is passed by a simple majority of the House, the committee shall be mandated to carry out an inquiry into the allegations.
“The Committee on Judiciary upon conclusion of such an inquiry shall present its findings to the Whole House stating that impeachment is warranted as encompassed in Articles of Impeachment, or that impeachment is not called for.”
The House also seeks to see the process through in line with rules drawn by its Committee on Business and Rules and to be able to sack the President and his Vice by a simple majority.
“If any Article of Impeachment so considered by the House of Representatives is approved or passed by a simple majority vote of members present and voting, the President or Vice-President shall be impeached.
“Upon the impeachment of the holder of the office by the House of Representatives, the Speaker shall within seven days transmit the House Resolution to the Senate for trial and shall within 14 days of the receipt of the House Resolution conduct a trial to be presided over by the Chief Justice of Nigeria with a select Committee of the House members serving as prosecutors. Meanwhile, the Senate yesterday received the draft report of its committee on the review of the 1999 Nigerian Constitution.
The report, which was laid before the Senate by the chairman of the review committee and the Deputy Senate President, Ike Ekweremadu, is expected to be formally presented to the Senate today.
Some of the recommendations contained in the report, according to National Mirror findings, include the six-year single tenure for the President and his vice as well as the governors and their deputies. In line with this, the committee recommended that the single tenure should commence from 2019.
There is also recommended autonomy for the democratically the elected local governments. In addition, the committee recommended the creation of one additional state from the South-East geo political zone to bring the region at par with the rest of the other zones.
At the formal presentation today, Ekweremadu is expected to justify the reasons for all the recommendations made by members of the committee.
The Deputy Senate President had on Monday hinted that the review report would be laid before the Senate this week and that following that, he would provide justifications for each of the recommendations contained in the report.
The piece of legislation, which seeks to remove ambiguities in conditions precedent for the removal of a President and vicepresident was sponsored by Hon. Yakubu Dogara (PDPBauchi), Hon. Emmanuel Jime (PDP-Benue) and others.
The proposed law titled: “An Act to Alter the Provisions of Section 143 of the Constitution of the Federal Republic of Nigeria, 1999 to Remove Ambiguities in the Process of Removal of the President from Office on Allegations of Gross Misconduct and to Provide for a more Transparent and Democratic Procedure for Impeachment and other Matters Connected” was passed for second reading after a heated debate.
The bill seeks to copy the American model of impeaching a president by making the process less cumbersome. The lawmakers are seeking powers to initiate the process and investigate it rather than leave it to the Chief Justice of Nigeria.
Though it was heavily attacked, the bill scaled second reading when it was put to vote. The key sponsor of the bill, Dogara, who led the debate, said: “The essence of the bill is meant to hold the executive accountable so that checks can be created, and it is not meant to target this term, but rather, make the process less ambiguous on grounds of misconduct. Let’s all look at this and do it in the interest of Nigerians.”
The Minority Leader of the House, Hon. Femi Gbajabiamila (ACN-Lagos), however, led the opponents to the bill. He argued that the bill, if passed into law, might be subjected to other ambiguities, stressing that gross misconduct could be subjected to redefinition.
Gbajabiamila urged the House to exercise maturity in considering the bill as it might send wrong signals to the public. “I will very quickly go on to shoot the bill down,” Gbajabiamila said, adding that “the timing of the bill is wrong and people will read meanings into to it, we must be mature about it.”
According to him, “The United States of America’s House of Representatives was caught up in something similar when the impeachment of President Clinton was going as regards to his affairs with an intern.”
The bill was gazetted by the House on May 5, also seeks to make the lower chamber the impeaching House, while the Senate would, after the president or his vice’s impeachment, set up a quasi-judicial panel presided over by the CJN with lawmakers as prosecutors before a final verdict either nails or exonerates the president or a Deputy.
The bill states in part: “The President or Vice- President shall be removed from office on allegations gross misconduct in accordance with the provisions of this section”.
The bill seeks to amend sub-section 2 of 143 to read that: “Whenever the Committee of the House of Representatives in charge of Judiciary decides on whether or not to proceed with impeachment proceedings against the holder of the office of the President or Vice-President on allegations of gross misconduct”.
According to the bill: “The Chairman of the Committee on Judiciary of the House of Representatives shall propose a motion to begin an inquiry into such allegation of gross misconduct, and if the motion is passed by a simple majority of the House, the committee shall be mandated to carry out an inquiry into the allegations.
“The Committee on Judiciary upon conclusion of such an inquiry shall present its findings to the Whole House stating that impeachment is warranted as encompassed in Articles of Impeachment, or that impeachment is not called for.”
The House also seeks to see the process through in line with rules drawn by its Committee on Business and Rules and to be able to sack the President and his Vice by a simple majority.
“If any Article of Impeachment so considered by the House of Representatives is approved or passed by a simple majority vote of members present and voting, the President or Vice-President shall be impeached.
“Upon the impeachment of the holder of the office by the House of Representatives, the Speaker shall within seven days transmit the House Resolution to the Senate for trial and shall within 14 days of the receipt of the House Resolution conduct a trial to be presided over by the Chief Justice of Nigeria with a select Committee of the House members serving as prosecutors. Meanwhile, the Senate yesterday received the draft report of its committee on the review of the 1999 Nigerian Constitution.
The report, which was laid before the Senate by the chairman of the review committee and the Deputy Senate President, Ike Ekweremadu, is expected to be formally presented to the Senate today.
Some of the recommendations contained in the report, according to National Mirror findings, include the six-year single tenure for the President and his vice as well as the governors and their deputies. In line with this, the committee recommended that the single tenure should commence from 2019.
There is also recommended autonomy for the democratically the elected local governments. In addition, the committee recommended the creation of one additional state from the South-East geo political zone to bring the region at par with the rest of the other zones.
At the formal presentation today, Ekweremadu is expected to justify the reasons for all the recommendations made by members of the committee.
The Deputy Senate President had on Monday hinted that the review report would be laid before the Senate this week and that following that, he would provide justifications for each of the recommendations contained in the report.
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