Abuse of powers of impeachment in Nigeria

Abstract

The powers of impeachment provided under the Nigerian constitution provide a means of checking the excesses of certain executive officers who enjoy the privilege of constitutional immunity against civil or criminal proceedings while they remain in office. Instead of being invoked in appropriate circumstances, however, this article shows that these powers have been abused. It examines cases of impeachment at the state level during the Obasanjo administration and shows how constitutional provisions were flagrantly breached. It provides evidence that the federal government was complicit in such cases, even though under the federal structure by which Nigeria operates, impeachment at the state level is exclusively a state business. It argues that the abuses are a symptom of imbalance of power between the executive and the legislature as well as evidence of the limits of constitutionalism in the face of politics.

Elite perceptions about power-sharing in Nigeria

“…Let me quickly note that the institutional perspective was articulated mostly by the legislators who approached the subject from a more intellectual standpoint, using this perspective as a framework to drive home the fact that a separation of powers exists between the executive and the legislature, and that the executive should not attempt to subordinate the legislature or usurp its powers. This opinion comes in the throes of a tense relationship between the executive and the legislature -a relationship that was characterized by blatant executive interference in the affairs of the legislature and abuse of powers of impeachment by the legislature (Fashagba, 2009;Lawan, 2010).…”