Rivers State House of Assembly has begun impeachment proceedings against Governor Siminalayi Fubara, and his deputy, Ngozi Odu and allegations of gross misconduct have been leveled against them.
Team@orientactualmags.com learned that 26 people among members of the house of assembly raised the allegations in a notice sent to the Speaker, Hon Martin Amaewhule, on Monday.
The lawmakers noted that their action is in line with ‘Section 188 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and other existing laws’.
They accused Fubara of several offences including reckless and unconstitutional spending of public funds, obstructing the Assembly’s activities, and appointing individuals to government positions without the required screening and confirmation.
Other allegations include withholding salaries, allowances and funds meant for the legitimate Rivers State House of Assembly, as well as seizing the salary of the Clerk, Emeka Amadi.
The lawmakers also accused Deputy Governor Ngozi Odu of ‘conniving and supporting the illegal appointment of persons to government positions without the required screening and confirmation’.
Speaker Amaewhule has reportedly forwarded this to Governor Fubara, noting that the allegations were raised by ‘not less than one-third (1/3) of the membership of the Rivers State House of Assembly’.
The governor, he added, is required to respond to the allegations in line with Section 188(3) of the Constitution, which says ‘Within 14 days of the presentation of the notice to the Speaker of the House of Assembly (whether or not any statement made by the holder of the office in reply to the allegation contained in the notice), the House of Assembly shall resolve by motion, without any debate, whether or not the allegation shall be investigated’.
Impeachment Procedures
The process of impeaching a state governor in Nigeria is contained in Section 188 of the 1999 Constitution.
Under certain terms and conditions, a governor may be replaced by another, for example through death, impeachment or if an election is annulled.
Step 1: A written allegation of gross misconduct against the governor must be signed by at least one-third of the members of the State House of Assembly and presented to the Speaker of the State House of Assembly.
Step 2: Within seven days, the Speaker of the House of Assembly is expected to serve the state governor with a copy of the notice of allegation.
Step 3: The governor has a right to reply to the allegation leveled against him and the state lawmakers must be served each with the response from the governor.
Step 4: Within 14 days of the presentation of the notice to the Speaker of the House, they shall resolve by motion without any debate whether or not the allegation shall be investigated. The motion must be passed by at least a two-thirds majority of all members of the State House of Assembly.
Step 5: If the motion fails to get two-thirds, the process shall be halted. If the required vote is met, then the Speaker shall within 7 days of the passing of the motion, requests the Chief Judge of the State to appoint a Panel to investigate the allegations. Members of the panel should be apolitical.
Step 6: Within three months, the panel is expected to report its findings to the State House of Assembly. During the proceedings of the Panel, the Governor shall have a right to defend himself or have the right to be defended by a legal practitioner. .
Step 7: Where the allegations of gross misconduct against the governor cannot be proven, the impeachment proceedings shall end right there. If the allegations can be substantiated, the House of Assembly shall consider the report and a resolution for adoption of the report shall be moved.
Step 8: At least two-thirds of members of the House of Assembly must vote in support of the resolution to be adopted and the governor shall be impeached while his motion to swear in his deputy shall be moved immediately and adopted-Team@orientactualmags.com Do you have any information you wish to share with us? Do you want us to cover your event or programme? Kindly send SMS to 08035023079, 08059100286, 09094171980 or get in touch via orientactualmag@gmail.com. Thank you
