THE REMOVAL OF EXECUTIVE OFFICEHOLDERS AND QUEST FOR SUSTAINABLE DEMOCRACY IN NIGERIA

Obumneke O. OSAKWE; E.O.C. OBIDIMMA; Odinakachukwu E. OKEKE

Abstract


In almost all forms of government, the activities of government are piloted by the executive arm of government or a group of individuals that wears the toga of executive powers implementing and executing mostly laws made by the legislature. As a result of the focal importance of the executive and the legislature arms of government, there is the likelihood of misconduct in the exercise of the powers and functions of the executive and ineffective representation of the electorate by the legislature. One of the major tools at the disposal of the legislature in ensuring that an erring executive does not remain in power is the power of impeachment/removal. This work therefore x-rayed and appraised the relevant provisions of the laws of Nigeria vis-à-vis the removal of executive office holders as a means of ensuring sustainable democracy. The researchers critically analyzed the existing legal and institutional frameworks vis-à-vis the removal of executive officeholders in Nigeria and found among other things that there are shortcomings, abuse, and misuse of the powers of removal of executive officeholders as have been so far experienced in Nigeria. The researchers recommended among others that the existing legal and institutional frameworks should be reviewed and amended to strengthen the legal and institutional frameworks to make the removal of executive office holders less cumbersome and more achievable. Also, impeachment/removal at the legislature stage should be made to serve pre-trial purposes only

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