The impeachment of Mudashiru Obasa, the Speaker of the Lagos State House of Assembly, has continued to generate drama involving political figures and security operatives in the country.
Naturenex recalls that the 32 members of the assembly impeached Obasa amid allegations of corruption and financial mismanagement against him.
In a swift move, the lawmakers elected the deputy speaker of the assembly, Hon. Mojisola Miranda, as Obasa’s replacement.
Obasa, however, had questioned his removal and impeachment as Speaker of the Lagos assembly.
The lawmaker representing Agege Constituency 1 described his removal as Speaker as unconstitutional and invalid, stating that the House failed to follow due process.
In this article, Naturenex attempts to explain how the Speaker of the House of Assembly can be impeached according to the 1999 Constitution as amended.
Section 92(2) provides that: (S. 92(2) of the 1999 Constitution as amended) states that:
The Speaker or Deputy Speaker of the House of Assembly shall vacate his office:
If he ceases to be a member of the House of Assembly, otherwise than by reason of the dissolution of the House,
When the House first sits after any dissolution of the House, or
If he is removed from office by a resolution of the House of Assembly by the votes of not less than two-thirds majority of the members of the House. (Ss. 143, 188, 50(2), 99(2) of the 1999 Constitution as amended).”
From the above section of the 1999 Constitution, the State House of Assembly is empowered to remove the Speaker by virtue of Section 92(2) of the 1999 Constitution of Nigeria.
The 32 members of the assembly who impeached Obasa met the two-thirds majority of the members of the House.
The Lagos assembly has 40 members representing all the constituencies across the 20 local government areas of the state.
According to the constitution, the State House of Assembly has the final say in any impeachment proceeding.
What constitutes an impeachable offence
Y.I Isa of the Faculty of Law, Nasarawa State University, Keffi, defined an impeachable offence as a grave violation of the constitution warranting impeachment against such an erring public office holder.
He stated this in his research paper titled, Impeachment in Nigeria: A violation of the constitution and a political vendetta.
The Senior law lecturer said impeachment in the Nigerian constitution is meant to deal with specific erring officers.
He further explained that the allegation must be signed by not less than one-third majority of the members.
“Sections 143(2) and 188(2) both state that whenever a notice of any allegation in writing is signed by not less than one-third majority of the members of both Houses of Assembly, is presented to the leadership of both Houses, stating that the holder of such office is guilty of gross misconduct in the performance of the functions of his office, detailed particulars must be specified. (Ss. 143(2) and 188(2) of the 1999 Constitution as amended).
“While sections 143(11) and 188(11) define gross misconduct to mean a grave violation or breach of this Constitution or a misconduct of such nature as amounts in the opinion of the National Assembly to gross misconduct. (Ss. 143(11) and 188 (II) of the 1999 Constitution as amended).”
