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HOW TO LAWFULLY REMOVE ELECTED PUBLIC OFFICERS IN NIGERIA
A thread
https://ogunfestus.wordpress.com/2020/10/27/how-to-lawfully-remove-elected-public-officers-in-nigeria/
A thread
https://ogunfestus.wordpress.com/2020/10/27/how-to-lawfully-remove-elected-public-officers-in-nigeria/
There is this notion that democratically elected officers should be left alone in office till the expiration of their tenures irrespective of their terrible performances. This is erroneous.
Under the Nigerian law, failed leaders can be removed by the people before the end of their tenures. Here is how:
Leaders elected through popular elections; President, Vice-President, Governors, Deputy Governors, Senators, HoR Members and State House of Assembly members may be removed through the following means:
1. Impeachment
2. Recall
3. Resignation
4. Death
5. Permanent incapacity
1. Impeachment
2. Recall
3. Resignation
4. Death
5. Permanent incapacity
By virtue of Ss. 143, 144, 188 & 189 of the 1999 Constitution, elected executives can be impeached by the people through their rep. at National Assembly & House of Assembly, respectively, if found guilty of ‘gross misconduct’.
The people can achieve this by pressurising elected lawmakers.
A lawmaker may also cease to hold his seat in the House if he/she contravenes any of the provisions of S. 68(1) of the 1999 Constitution.
This includes but not limited to: exceptional cases of defection, absence from House meeting for over one-third of the days the House meets in a year.
Let me make this clear: it is illegal to suspend elected lawmakers. The Court of Appeal in The Speaker, Bauchi House of Assembly v Honourable Rifkatu Danna (2017) 49 WRN 52 held suspension of lawmakers as illegal and unconstitutional.
Suspending a lawmaker, according to the court, denies the constituents of representation. Lawmakers are not empowered to suspend their colleagues. That said, the constituents are empowered under Ss 69&110 of Constitution to lawfully recall their representatives.
As a rule, failed leaders have no reason to continue to stay in office. Thus, it is the duty of failed elected officers to honourably resign, as provided by law.
Where they fail to do so, the citizens have the right the demand the resignation of their leaders through lawful means.
The citizens can non-violently compel their leaders to resign before tenures expire. This can be achieved by judiciously exercising the right to freedom of expression, association and protest guaranteed under Section 39 and 40 of the 1999 Constitution.
Elected officers can equally cease holding office in cases of death and permanent incapacity which are ordinarily beyond the immediate control of the people.
History has, however, shown that the above mentioned have been the most potent weapon in driving failed leaders away from office.
For a full discussion on the law and politics of impeachment in Nigeria, kindly read this published paper of mine: https://bit.ly/3e6tvMo . God willing, my next thread would be on the right to and process of recalling failed elected lawmakers in Nigeria.
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This thread can be read here: https://ogunfestus.wordpress.com/2020/10/27/how-to-lawfully-remove-elected-public-officers-in-nigeria/
