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Abuse of powers of impeachment in Nigeria*

Published online by Cambridge University Press:  19 May 2010

Mamman Lawan
Affiliation:
Faculty of Law, Bayero University, Kano, Nigeria Email: [email protected]

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.

Type
Research Article
Copyright
Copyright © Cambridge University Press 2010

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References

REFERENCES

Agedah, D., ed. 1993. Corruption and the Stability of the Third Republic. Lagos: Perception Communications.Google Scholar
All Nigeria Law Reports (All NLR). Vol. i. 1962. Federal Ministry of Justice. Lagos. 1990.Google Scholar
Christodoulidis, E. & Tierney, S., eds. 2008. Public Law and Politics: the scope and limits of constitutionalism. Aldershot: Ashgate.Google Scholar
Constitution of the Federal Republic of Nigeria. 1999. Constitution of the Federal Republic of Nigeria (Promulgation) Decree No. 24 of 1999.Google Scholar
Dicey, A. V. 1959. Introduction to the Study of the Law of the Constitution, 10th edn.London: Macmillan.Google Scholar
Economic and Financial Crimes Commission (EFCC) Act. 2004. Available at: http://www.nassnig.org/.Google Scholar
Griffith, J. A. G. 1979. ‘The Political Constitution’, Modern Law Review 42, 1: 121.CrossRefGoogle Scholar
Hatchard, J. 2000. ‘Presidential removal: unzipping the constitutional provisions’, Journal of African Law 44, 1: 116.CrossRefGoogle Scholar
Human Rights Watch (HRW). 2007. Criminal Politics: violence, ‘godfathers’ and corruption in Nigeria. New York: HRW.Google Scholar
Loughlin, M. 2003. The Idea of Public Law. Oxford University Press.Google Scholar
Montesquieu, B. D. 1949, The Spirit of the Laws, trans. T. Nugent. New York: Hafner.Google Scholar
Nigerian Constitutional Law Reports (NCLR). 1981. Lagos: Nigerian Law Publications Ltd.Google Scholar
Nigerian Internet Law Report (NILR). Available at: http://www.nigeria-law.org/LawReporting.htm.Google Scholar
Nigerian Weekly Law Reports (NWLR). Lagos: Nigerian Law Publications Ltd.Google Scholar
Nwabueze, B. O. 1982. The Presidential Constitution of Nigeria. London: Hurst.Google Scholar
Payne, P. S. R. 1975. The Corrupt Society: from ancient Greece to present-day America. New York: Praeger.Google Scholar
Suberu, R. T. 2008. ‘The Supreme Court and federalism in Nigeria’, Journal of Modern African Studies 46, 3: 451–85.CrossRefGoogle Scholar
Supreme Court Cases (SC). 1981. Lagos: Federal Government Printer.Google Scholar
Wade, W. 2004. Administrative Law, 9th edn.Oxford University Press.Google Scholar

Newspapers (published in Lagos except as stated)

Daily Triumph (Kano); Daily Trust (Abuja); ThisDay; The Guardian; The Punch; Vanguard.