IMPEACHMENT OF SUG PRESIDENT IS UNCONSTITUTIONAL -Senator - UNN GATE.com.ng

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Tuesday, 31 October 2017

IMPEACHMENT OF SUG PRESIDENT IS UNCONSTITUTIONAL -Senator

It is no news that the SUG president of the Lion Republic on Monday 30th October 2017 was allegedly impeached by the House of Representative of the Student Union. Alongside the president was the Vice President and Director of Transport.
According to the statement released by the House, it was made known that Speaker of the house assumes the position of the President indicating that other Executives are also under investigation.
Misappropriation of fund, Embezzlement, among others were the grounds on which the impeachment was done.
Following the statement from the House of Representatives, a senator of the union (name and constituency withheld), seem not to be pleased with the whole process,  he said that the impeachment was unconstitutional. Quoting the SUG constitution; Article IV section 112 sub-section 1 - 12
Pointing out that most of the items there were flaunted.
He However said that in as much as the president is believed to be involved in the accusations its necessary that due process be followed, suspension > investigation > dismissal.
Considering the fact that the president and some executive, as at the time of this post, are still not back from their trip to Sweden, suggest that due process was not really followed.


112.        (1) An officer of the Union may be removed from office in accordance with the provisions of this section.

(2)Whenever a notice of any allegation against such an officer in writing signed by not less than one-third of the members of the House of Representatives;
a. is presented to the Speaker of the House Representatives;

b. stating that the holder of such office is guilty of gross misconduct in the performance of the functions of his/her office, detailed particulars of which shall be specified.

(3) The Speaker of the House of Representatives shall within seven (7) days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the House, and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the House.

(4)          Within fourteen (14) days f the presentation of the notice to the Clerk of the House of Representatives (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice) the House shall resolve by motion without any debate whether or not the allegation shall be investigated.

(5)          A motion of the House of Representatives that the allegation be investigated shall not be declared as having been passed unless it is supported by the votes of not less than two-thirds majority of all members of the House of Representatives present and voting.

(6)          Within seven (7) days of the passing of a motion under the foregoing provisions, the Chief Judge of the Union shall at the request of the Speaker of the House, appoint persons who in his opinion are of unquestionable integrity, not being members of the Executive Council or Legislature House to investigate the allegation as provided in this section.

(7)          The holder of an office whose conduct is being investigated under this section shall be suspended from office and shall have the right to defend himself in person or be represented before the panel by a counsel from any of the Students’ Chambers.

(8)          A panel appointed under this section shall:
a.            have such powers and exercise its functions in accordance with such procedure as may be prescribed by the House of Representatives;
b.            within twenty-one (21) days of its appointment, report its findings to the House of Representatives.

(9)          Where the Panel reports to the House of Representatives that the allegation has not been proved, no further proceeding shall be taken in respect of the matter.

(10)        Where the report of the Panel is that the allegation against the holder of the office has been proved, then, within fourteen (14) days of the receipt of the report, the House of Representatives shall consider the report, and if by a resolution of the House of Representatives supported by not less than two-thirds majority of all its members, the report of the panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.

(11)        No proceedings or determination of the Panel or of the House of Representatives or any matter relating thereto shall be entertained or questioned in any court.

(12)        In this section, “gross misconduct” means grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion in the House of Representatives to gross misconduct.
However, some others think the assumption of post of the president  by the Speaker is not in order. They believe that the 003 (Secretary General) should occupy that position.

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