ABSTRACT
The constitution of the Federal Republic of Nigeria 1999 (as amended) provides for Nigeria a legislature comprising the National Assembly which consists of the Senate and the House of Representatives at the Federal Level and a House of Assembly at the State Level. This means, therefore, that whereas at the federal level the legislature is bicameral at the State level it is unicameral. The Legislative power in Nigeria is vested in the legislative Houses recognized and established by section 4 of the constitution. The legislature is that part of government which exerts legislative power, that is, which is concerned with making and changing the laws. The legislature also checks the activities carried out by other organs (arms) of government through its oversight functions and can be checked as well by others such as the executive and the judiciary. Also, the legislature is vested with investigatory powers, financial powers as well as confirmation of appointment.
Apart from the functions listed above the legislature also have the constitutional power to impeach. It enables the legislature, not only to check and restrain the exercise of executive powers, but also to remove the executive heads of government from office before the expiration of their official term, for gross misconduct. It is striking to note that the Nigerian Constitution, though, modelled on the American Constitution, failed to adopt the impeachment procedure under the American Constitution. Some scholars and legislators maintain that the extant procedure for impeachment under the Nigerian Constitution is ineffective because it is long and full of ambiguities. This article undertakes a critical and comparative analysis of impeachment procedures under the Nigerian, American and South Africa Constitutions respectively and concludes that the procedure under the Nigerian Constitution is still better suited for the political conditions in Nigeria. It should however be strengthened by providing clear grounds for impeachment and improving the quality and independence of the seven-man Panel of investigation.
Keywords: Impeachment, Legislature, Office-holder, Gross-misconduct, Constitution.
