Ortom: Dino Melaye reacts to impeachment notice on Benue Governor

Dino Melaye, Senator representing Kogi West has reacted to the
impeachment notice served on Governor Samuel Ortom of Benue State.

Reports had it that eight members of the State House of Assembly had
earlier served the governor an impeachment notice.

In a swift reaction, the governor, who recently decamped from the All
Progressives Congress, APC, to the Peoples Democratic Party, PDP, said
only eight lawmakers lacked the constitutional powers to remove him
from office.

However, Melaye noted that the process of impeaching a governor was rigorous.

In a series of tweets he entitled, "Impeaching a Governor for Public
Enlightenment," Melaye insisted that impeaching a governor in Nigeria
was a serious matter.

He wrote, "Impeaching a sitting Governor of a State in Nigeria is a
very serious matter

"A notice of any allegation in writing alleging gross misconduct on
the part of the Governor. This notice which must be signed by not less
than one-third of the members of the State House of Assembly is
presented to the Speaker of the State House of Assembly.

"Gross misconduct is defined by the Constitution as '…a grave
violation or breach of the provisions of this Constitution or a
misconduct of such nature as amounts in the opinion of the National
Assembly to gross misconduct.'

"The Speaker of the State House of Assembly must within 7 days, serve
the Governor of the State and each member of the State House of
Assembly with a copy of the notice of allegation.

"The Governor has a right of reply (he/she does not have to reply
(however), and any such statement in reply to the allegation must be
served on each member of the State House of Assembly.

"Within 14 days of the presentation of the notice to the Speaker of
the State House of Assembly, the State House of Assembly shall resolve
by motion without any debate whether or not the allegation shall be
investigated. This motion needs to be passed by at least two-thirds
majority of all members of the State House of Assembly.

"If the motion fails to reach the required majority, the process
immediately stops, and no further action will be taken. However, if
the required majority is obtained and the motion is passed, then the
Speaker of the State House of Assembly will within 7 days of passing
of the motion, request the Chief Judge of the State to appoint a Panel
of seven persons who in his opinion are of unquestionable integrity to
investigate the allegations. The members of the Panel cannot be
members of any public service, legislative house or political party.

"The Panel is to report its findings within three months of being
appointed. The findings will be reported to the State House of
Assembly. During the proceedings of the Panel, the Governor shall have
a right to defend himself, and shall also have the right to defend
himself, and shall also have the right to be defended by a legal
practitioner of his/her choice."