Legal practitioner and national coordinator of the Advocates for People’s Rights and Justice, Victor Giwa, says any attempt to remove a governor outside the provisions of the Constitution is legally invalid and cannot stand.
Speaking in an interview with ARISE News on Tuesday, Giwa said the 1999 Constitution clearly sets out mandatory procedures that must be strictly followed before a governor can be removed from office, warning that lawmakers do not have unchecked powers in impeachment matters.
“Any removal done in total disregard of the constitutional steps is null and void,” Giwa said.
He explained that while Section 188 of the Constitution empowers state Houses of Assembly to initiate removal proceedings, that authority is conditional and guided by clearly defined stages that must be followed in sequence.
According to him, impeachment proceedings begin with a notice signed by not less than one-third of the members of the House, after which a motion to investigate the allegations must be supported by at least two-thirds of the total membership.
“The Constitution is very clear,” Giwa said. “The notice must first be signed by one-third of the members, and when it comes to the motion to investigate, that motion must be supported by not less than two-thirds of all the members of the House.”
He stressed that the requirement refers to two-thirds of the entire House, not merely two-thirds of lawmakers present at a sitting, warning that any attempt to rely on factional sessions or procedural shortcuts would amount to a constitutional breach.
Giwa cited the Supreme Court decision in Onakoju v. Adeleke, popularly known as the Ladoja case, where the apex court affirmed that it has the authority to intervene when constitutional provisions are violated during removal proceedings.
“The Supreme Court has made it clear that while courts will not interfere with what lawmakers consider gross misconduct, they will intervene once the procedure laid down by the Constitution is breached,” he said.
He also addressed the “ouster clause” contained in Section 188(10), which appears to bar courts from questioning impeachment proceedings, noting that the provision does not shield unlawful actions from judicial scrutiny.
“The ouster clause does not protect illegality,” Giwa said. “If the notice was not properly served, if the required votes were not met, or if the panel was not constituted according to law, the courts will step in to protect the Constitution.”
Giwa warned that constitutional supremacy must remain the guiding principle in all political processes, stressing that any removal carried out in violation of the law will ultimately be overturned.
“Impeachment is not a political game,” he said. “It is a constitutional process, and once you violate the Constitution, whatever you do is null and void.”
He added that adherence to due process is essential for political stability, noting that the courts will continue to nullify any removal carried out outside the clear provisions of the Constitution.
Triumph Ojo
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