THE IMPEACHMENT POWER OF THE LEGISLATURE UNDER THE NIGERIAN AND AMERICAN CONSTITUTIONS COMPARED

Abstract One of the constitutional powers of the legislature is the impeachment power. It enables the legislature, not only to check and restrain the exercise of executive powers, but also to remove the executive heads of government from office before the expiration of their official term, for gross misconduct. It is striking to note that the Nigerian Constitution, though, modelled on the American Constitution, failed to adopt the impeachment procedure under the American Constitution. Some scholars and legislators maintain that the extant procedure for impeachment under the Nigerian Constitution is ineffective because it is long and full of ambiguities. This article undertakes a critical and comparative analysis of impeachment procedures under the Nigerian and American Constitutions and concludes that the procedure under the Nigerian Constitution is still better suited for the political conditions in Nigeria. It should however be strengthened by providing clear grounds for impeachment and improving the quality and independence of the seven-man Panel of investigation.