Over the past week, the leader of the People’s Democratic Party (PDP) parliamentary group in the Kingsley Chinda House of Representatives from Rivers State has repeatedly called for the recall of President Muhammadu Buhari.
He made the decision on the security situation in the country.
In a statement on December 7, Chinda called on the Federal Executive Council to invoke Article 144 (1) declaring the president incapable of performing the duties of his office, and also called on Nigerians to force their representatives to initiate impeachment proceedings.
On July 17, Mr. Chinda again called for the impeachment of the president following the recent abduction of 333 students at the Kankara Government High School in Katsina State.
He also said his party would challenge the position of Federation State Attorney Abubakar Malami over his claim that the National Assembly does not have the authority to call the president.
As a reminder, after the horrific murder of 43 farmers in Born by Boko Haram, the house called on President Buhari to inform the house about the security situation in the country. Bukhari later refused after initially agreeing to report on a joint session of the National Assembly.
In a press statement, Malami claimed that the National Assembly did not have the authority to invite the president, referring to Article 218 of the 1999 constitution.
Analysis: The position of the constitution on revocation
Sections 143 and 144 provide for the procedure for recalling the President. In his two calls for impeachment, Chinda called for a two-part call.
Revocation by the National Assembly
Article 143 of the 1999 constitution provides for steps to be recalled by the National Assembly by the National Assembly for “gross violation of the law.”
Here is a simple summary of the procedure. First, 1/3 (157) of the entire members of the National Assembly must sign a notice alleging a “gross violation of the law” which must be submitted to the President of the Senate.
A copy of the notice shall be sent to the President and each member of the National Assembly within 7 days. Within another 14 days after the service of the President, with or without the President’s response, the proposal for the President’s investigation must be re-adopted by a 2/3 majority of each House of the National Assembly. That is, the investigation proposal must be submitted separately to the House and the Senate. For the proposal to pass in the House, 240 members must support it, and 73 senators as well.
If the motion is to pass in two chambers, the presiding judge will ask the Federation Supreme Judge to establish a seven-judge panel that under Article 143 (5) must be of “unquestionable integrity, and not have to be members of a public service, legislature, or political party. “The CJN will have to decide who transmits these qualities.
The commission will investigate the accusation against the president within 90 days and submit its report to each house of the National Assembly. If the council is to find the president guilty, then each council must vote again by a two-thirds majority to adopt the report within 14 days. The adoption of the report means that the President has been recalled.
The current political reality of impeachment
Chinda is not a minority leader in the House of Representatives. He lost his position to Ndudi Eumelu, who is officially a minority leader recognized by the National Assembly. The PDP which is the main opposition is divided in the House between Chinda and Elumelu. The APC in the House continues to gain more members to increase its majority in the House.
Also, Senate President Ahmad Lawan and President Femi Gbajabiamila are both the president’s allies and have repeatedly stated that they are committed to protecting the president’s interests.
Furthermore, the current CJN, Judge Ibrahim Tanko, will obstruct responsibility for determining the election of councils, with discretionary powers to determine their neutrality.
Section 144 (5) reads: “Within 7 days of the adoption of the motion, the Chief Justice of Nigeria shall, at the request of the President of the Senate, appoint a panel of seven persons who, in his opinion, are of unquestionable integrity, not members of any public service, legislature or political party. to investigate the allegations provided for in this section. “
And finally, the possibility that a double majority of all members in each council twice seems impossible, given that the House is prone to uneven sessions to the slightest provocation. He may explain this as Chinda asks Nigerians to prevail over their legislators.
And a longer period of time and the possibility of litigation are included in the process.
Impeachment by the Federal Executive Council
The Federal Executive Council, which refers to a body of ministers appointed by the president, may also remove the president on the grounds of “inability to perform the functions of office.”
The Council, in a resolution passed by a 2/3 majority of the members, may initiate the procedure of removal from office. Following the FEC resolution, the president of the senate will form a medical council to determine if the “president suffers from physical and mental weakness.”
The commission will consist of 5 doctors appointed by the President of the Senate, and one of them must be the personal doctor of the President. The president can only be removed if the council needs to confirm that the president is indeed suffering from distortions that may prevent him from resigning.
A copy of the certification will be sent to the President and the President of the Senate. After being published in the Official Gazette, the President was removed.
The political reality of the Federal Executive Council
The body consists of ministers appointed by the president, who serve him to their satisfaction, and they are removed by decision of the president.
Aso, the president of the senate will also have discretionary powers to determine the composition of the medical staff in order to determine the health condition of the president.