American Constitutional Law

Nagel, Robert F.; Tribe, Laurence H.

doi:10.2307/3311796

Cited by 1 publication

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“…25 Thus, the necessity of engendering a responsible executive plays a critical goal in providing for impeachment mechanism 26 because it is indispensable to create restraints concerning the exercise of executive powers, control it and hold the executive accountable for breaches of the confidence reposed on him by members of the public and the electorates. 27 17 For example, in 2016 the then South Korean President, Park Geun-hye, was suspended and impeached based on seven counts charges bothering inter alia on abuse of office; breach of the duty of confidentiality by sharing public documents with a third party; violation of the duty to serve the public interest; involvement in the death of students in the Sewol ferry disaster; and infraction of private property right. The impeachment was later affirmed by the Constitutional Court in March 2017.…”

Section: IIImentioning

confidence: 99%

“…Laurence Tribe has also opined that an intentional presidential decision to undermine the national defence or to execute an individual war by circumventing constitutional clauses though may not breach a criminal statute would likely constitute a non-indictable impeachable offence. 120 So at the end of the day, the full spectrum of what would amount to a "political crime" or a non-indictable impeachable offence defies a straightforward definition. It all depends on the "circumstances under which the offences have occurred (including the actor, the forum, the scope of the officer's official duties and the nature and significance of the offensive act)" as well as the concerted political opinion of the Congress.…”

Section: B) Under the Presidential System Of Governmentmentioning

confidence: 99%

“…Kalu Kingsley Anele, "A Comparative Analysis of the Impeachment Procedure in Nigeria and Indonesia: A Need for a Paradigm Shift," (2022) 9(1) Lentera Hukum, 33-74 at p. 40 26. Omololu Fagbadebo, Impeachment in the Nigerian Presidential System: Challenges, Successes and the Way Forward (Palgrave Macmillan, 2020), 1-508 at p. 79 27. Kalu Kingsley Anele, "A Comparative Analysis of the Impeachment Procedure in Nigeria and Indonesia: A Need for a Paradigm Shift," (2022) 9(1) Lentera Hukum, 33-74 at p. 39.…”

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Impeachment Procedures in Nigeria and the United States of America: A Comparative Analysis

Akpambang¹,

Ojo²

2023

IJSSHR

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Under a presidential system of government, executive powers are vested on the President at the federal level and the Governor at the state or sub-national level. Given the wide powers constitutionally conferred on the executive arm of government along with immunity from civil or criminal proceedings, the instrument of impeachment is incorporated into the Constitution to act as a check and balance against authoritarianism or misuse of official power. The foremost objective of this article is to comparatively scrutinise the modus operandi for impeachment of the President or Governor in Nigeria and the United States of America (USA); the USA impeachment mechanism would be limited to the federal impeachment process of the President and the Vice President. The article employed desk-based or doctrinal and comparative research methods by placing reliance on both primary and secondary sources of information. The sources of information were analysed and inferences obtained were presented descriptively. The article revealed inter alia, that though Nigeria and USA practice presidential system of government as well as operate a federal system, yet, there are some procedural parallels and dissimilarities in their respective impeachment procedures. A case in point is that in the USA, an impeached official cannot subsequently be granted pardon by the President whereas in Nigeria, there is no constitutional clause barring the President or the Governor from granting pardon to a convicted elected executive office holder. The authors therefore, recommended inter alia, that a constitutional amendment should be introduced to sections 175 and 212 of the 1999 Constitution of the Federal Republic of Nigeria (1999 CFRN) with the goal of outlawing the President or Governor from granting pardon to an impeached official, as obtainable in the USA.

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Section: IIImentioning

confidence: 99%

Section: B) Under the Presidential System Of Governmentmentioning

confidence: 99%

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