ANOTHER WORK ON HON. MUYIWA INAKOJU AND 17 ORS, V HON. ABRAHAM ADEOLU ADELEKE AND 2 ORS FROM THE PRICING OF THE 1999 CONSTITUTION OF NIGERIA

Abstract

The power of impeachment as provided by the 1999 Constitution of the Federal Republic of Nigeria is a means of checking the excesses of certain classes of executive office holders who enjoy privilege and immunity against criminal and civil proceedings while in office. While impeachment is supposed to be an instrument to checkmate the excesses of executive officers in the hands of the legislature, there have been certain situations where it had been used by some political parties as a tool for removing executive officers who do not belong to their political parties from office. Furthermore, some constitutional requirements for the exercise have been duely compromised in certain situations, leading to some of them not complying with. Most times, the quorum may not be fully formed but still, the honourable members would still go ahead to affect such impeachment. This work sought to analyze Hon. Muyiwa Inakoju and 17 ors v. Hon. Abraham Adeolu Adeleke and 3 ors and their implications for constitutional democracy in Nigeria The work took a doctrinal methodology of the research analyses of the issues and the holdings raised here. It made some findings, among which is that impeachment procedures should record only minimal achievement until the right political culture is developed and sustained among the Nigerian political class. The Nigerian legislature must learn to exhibit political maturity and patriotism when exercising legislative power, including impeachment power. The work recommended that a clear definition of gross misconduct under the Constitution and impeachable offences should be established in the 1999 Constitution of the Federal Republic of Nigeria.