The good people of the Oyo state received with shock and with mixed feelings the news of the impeachment of the deputy governor of the state, His excellency, Rauf Olaniyan.
Although some people who are engrossed with the political atmosphere of the Oyo state saw it coming after the number two citizen of the state dumped the political party he was elected on in 2019 with his principle to occupy the office of the deputy governor which is the Peoples Democratic Party (PDP), and decamped to the All Progressive Congress (APC).
Allegations were leveled against him for gross misconduct; abuse of office, financial recklessness, embezzlement of public funds, abandonment of his office, insubordination, and other offenses, and a panel was instituted to verify and ascertain the veracity of these allegations.
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Since the impeachment news, the question has been can a deputy governor be legally or constitutionally impeached in Nigeria since he is occupying the office on a joint ticket. A deputy governor is elected on a joint ticket with the governor. Also, can only the deputy be impeached while the governor retains his seat and get a replacement for the deputy, can a deputy stay in office if a governor is impeached for an offense committed by the governor.
“Laymanly” speaking, if a deputy governor is to be impeached he is to be impeached together with the governor since they share a joint ticket because according to the Nigerian constitution, the deputy governor is only elected on a joint ticket with that of the governor and there is no office of the deputy governor without the office of the governor.
These are some of the “roadside” arguments that have been making round the corner, although they are reasonable, but as reasonable as these arguments or assertions may sound that a deputy cannot be legally impeached independently, that is not what the law says; fortunately the constitution has provided answers to these questions which will lay to rest and stifle all other “roadside” arguments.
The impeachment of a deputy governor in Nigeria is legal and constitutional as it was provided for in S. 188 of the constitution of the federal republic of Nigeria, 1999 (as amended). According to the provisions of that segment of the constitution, a governor can be impeached so also a deputy can be impeached independent of the governor.
When a deputy governor is accused of gross misconduct, it is enough to cause an impeachment process to be instituted against him by the lawmakers independent of the governor, his principal.
Once a deputy governor is impeached, he is to vacate the office of the deputy governor with immediate effect and the governor is to quickly get a replacement for the impeached deputy by nominating a proposed deputy subject to the approval of the state house of assembly.
It is pertinent to state that a deputy governor is estopped from approaching the court to challenge his impeachment if all the constitutional provided procedures for the impeachment were duly followed, although in recent times, the court has stated categorically that any aggrieved person has every right to approach the court including an impeached deputy governor.
Very insightful. Thanks for sharing