Olusegun Ariyo

The Ultimatum given to President Muhammadu Buhari Over what the senators termed as a Persistence Security threat, in particular, the recent Prouncments coming from the terrorist that will kidnap both him, Buhari and Kaduna state Governor, Mallam Nasir El-rufai is being put into the context of its timing, process and other implications

Although it was initially given that the threat was coming from the minority, that was not as Urban Express News online confirmed after monitoring news on channels News, and Political Platform where senator Bulkachuwa and smart Adeyemi affirms that the six-week ultimatum was in accordance with both the minority and majority members of the Senate.  

Meanwhile, findings by urban Express News indicate impeachment of the President of Nigeria will take 132 days, which is 4 months and 12 days. That is if the lawmakers should start the process in September as they promised. They are due to resume on the 20th of September, it could last till January.

According to the 1999 constitution, there are essentially two ways a President could be removed from office. Section 143 of the constitution gives the National Assembly the power to impeach the President on the ground of misconduct, while section 144 gives the Federal Executive Council the power to remove the president on the basis of medical incapacity.

This is not the first time President Buhari will be facing the threat of impeachment. During the controversy on the withdrawal of $1 billion from the Excess Crude Account, part of it was used to purchase the Tucano jets, the lawmakers also dangled impeachment threats on him.

The lawmakers threatened impeachment, however, nothing came out of the threat.

What it will take for the National Assembly to Impeach President Buhari

Section 143(2) of the Constitution provides that to give notice of impeachment on the President, 1/3 of the members of the National Assembly must sign the notice.

In this case, since there are 360 members in the House and 109 Senators, one-third of the lawmakers is 157 members.

The impeachment notice is to be presented to the Senate President, who is the Chairman of the National Assembly. The notice must contain all particulars of the alleged misconduct.

Within 7 days of the notice, the Senate President must send copies of the impeachment to the President and all the members of the National Assembly. The President can reply to the impeachment or not.

Again, within14 days of the presentation of the notice to the Senate President, the Senate must vote on the notice. The vote requires 2/3 of all the Senators, that is 73 senators, minus the Senate President, who cannot vote.

The same thing is required in the House, where 240 members, excluding the Speaker of the House, must vote to allow the investigation.

If the motion should scale the two chambers, it means that the National Assembly has given the go-ahead for the President to be investigated. However, if it fails to get the needed support, it dies.

After the approval, the Senate President will inform the Chief Justice of Nigeria to set up a panel of 7 persons “who in his opinion are of unquestionable integrity, not being a member of any public service, legislative house or political party, to investigate the allegation as provided in this section,” section 143(6) reads in part.

The panel will have 3 months to conduct the investigation. The President will have the right to appear or send a legal representative.

The panel will decide the merit of the allegations and if it deems that the allegations have been proven to be true, the panel will submit a report to the National Assembly.

The National Assembly must within 14 days of getting the report, subject the report to the voting of each chamber. Again, 73 Senators must back the report and 240 Reps must also back the report to remove the President.

Section 143(3) prevents the court from entertaining matters on the impeachment proceedings.

Leave a Reply

Your email address will not be published. Required fields are marked *