By Osordi Ayomide
Under Section 143 of the 1999 Constitution (as amended), the President or Vice President can be removed for “gross misconduct.”
The Constitution defines gross misconduct as a grave violation of the Constitution or misconduct that, in the opinion of the National Assembly, amounts to gross misconduct, giving lawmakers significant discretion.
The impeachment process
One-third of all members of the National Assembly sign a written notice of allegation.
Within 14 days, each chamber separately (Senate and House of Representatives) must approve investigation by a two-thirds majority of all its members.
The Chief Justice of Nigeria appoints a seven-member panel of persons of unquestionable integrity (not politicians or public servants).
The panel has three months to investigate. The President has a right to defend himself.
If the allegation is proven, each chamber again votes by two-thirds majority.
If both chambers adopt the report, the President stands removed immediately.
What happens next?
Immediate Removal: The President leaves office instantly upon adoption of the report.
Loss of Immunity: Protection under Section 308 ends immediately. The former President may now be investigated or prosecuted.
Succession: The Vice President automatically becomes President under Section 146.
If both offices are vacant, the Senate President acts as President and elections must be held within three months.
Judicial Review: Courts cannot question the political decision itself but can examine whether constitutional procedure was followed.
Since 1999, no Nigerian President, including Olusegun Obasanjo, Goodluck Jonathan or Muhammadu Buhari, has been successfully impeached.