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TO IMPEACH IS NOT TO REMOVE

To impeach is to formally lay a charge of high crimes against an elected high executive in the public sector in many democratic societies. The process of impeachment, just like regular criminal proceedings, need not lead to the ouster of the impeached party.

Removal following impeachment is at the discretion of the requisite majority of the membership of the impeaching chamber, irrespective of the preponderance, or lack, of evidence against the impeached party.

In our Constitution, impeachment is the only route to the removal or ouster of a select set of elected chief executives, namely:

The President,

The Vice President

Governors, and

Deputy Governors.

During the current republican experiment, a number of governors and deputy governors have been impeached (and ousted as a result). President Obasanjo was impeached but not removed, just like President William Clinton of the US was impeached but not ousted.

So, it is strange and curious to hear that the speaker of a House of Assembly was impeached. No. He was simply removed by his colleagues. The Constitution says that a speaker shall cease to hold office if he is removed by means of a resolution supported by two-thirds majority of the members of that house. Simple enough. This is not impeachment.

I was thoroughly ashamed to hear a lawyer on Channels News at 10 last night saying that the ‘Impeachment’ of the speakers of Houses of Assembly must follow the strict procedure laid down for the impeachment and possible ouster of presidents and governors. Nothing could wander further from the truth.

Let’s get some of these basics right.

Nzeakor Atulomah

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