According to section 188 of the constitution, the process for the impeachment of a governor begins when there is a notice of any allegation in writing signed by not less than one-third of the members of the house of assembly, stating that the holder of the office is guilty of “gross misconduct” in the performance of the functions of his office.
The indictment must be clear, specific, and detailed, leaving no room for ambiguity.
The constitution defines gross misconduct as a “grave violation or breach of the provisions of this constitution or a misconduct of such nature as amounts in the opinion in the house of assembly to gross misconduct”.
Following that, the speaker of the house shall, within seven days of the receipt of the notice, cause a copy to be served on the governor.
The presiding officer must also ensure that any response from the governor to the allegation is delivered to each member of the assembly.
In subsection 4, within 14 days of presenting the notice to the speaker, regardless of whether the governor responds to the allegation — the house of assembly shall, by motion and without debate, decide whether the allegation should be investigated.
Subsection 4 states that if the motion is passed for the allegation to be investigated, it must be supported by the votes of not less than a two-thirds majority of all the members.
According to subsection 5, within seven days of the passing the motion, the chief judge of the state shall, at the request of the speaker, appoint a panel of seven persons (not being members of any public service, legislative house or political party) to investigate the allegation against the governor.
During the hearing, the governor can appear before the panel to defend himself or be represented by a legal practitioner. Subsection 7 mandates the panel to report its findings to the assembly within three months.
Subsection 8 stipulates that if the panel report states that the allegation has not been proved, no further proceedings should be taken in respect of the impeachment.
According to section 9, where the panel reports that the allegation against the governor has been proved, then within 14 days of the receipt of the report, the assembly shall consider the report, and if by a resolution of the house supported by not less than two-thirds majority of all its members, the report of the panel is adopted, then the governor stands removed with immediate effect.
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