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Call for the Impeachment of PMB is a Call for Daylight Rape on the Constitution

August 08
04:57:52 2017
Recently, a group staged a protest in Abuja to demand the resignation of PMB as a result of staying away for more than 90 days on medical leave abroad. However, the constitution of Nigeria disagree with the group on all scores
A self-styled group led by Charly Boy, Dije Adeyanju and John Danfulani started a sit-out at the National Assembly yesterday. The group wants PMB to either resign or the National Assembly should initiate the procedure to declare the president permanently incapacitated or simply impeach him.

The group's reason for the calls is that PMB has spent more than 90 days on medical leave abroad. The group is wrong on all scores.

First, resignation is a matter left exclusively within the discretion of officer concerned. The holder of the office in question may choose to resign for any reason or for no reason at all. He does not have to give reasons or wait for anyone to accept their resignation before they go. You can neither compel the holder of an office to resign nor can you refuse to accept their resignation. In the present case, the fact that PMB did not resign shows that he doesn't want to and no one can compel him to. Thus, the group's first option fails.
Secondly, by Section 143 of the Constitution, the president can only be impeached after being found guilty of Gross Misconduct as defined by the Constitution. There is no any scintilla of allegation of misconduct against PMB even by his enemies. So, the group's second option is out.

Thirdly, their call on the National Assembly to set up a committee under Section 144 of the Constitution to conduct investigation into the president's health is also misconceived. This is because the said section provides that the President of the Senate can only set up the said committee after the Federal Executive Council (FEC) declares, with a vote supported by two-thirds majority, that the president is incapable of discharging the functions of his office.

In the instant case, no such declaration is made. Thus, to call on the National Assembly to take the second step before the first is to call on the National Assembly to RAPE the constitution.

Rather than sitting out on the street exposing their stark ignorance of the very constitution they claim to protect, this group will do well to get a legal practitioner or even a student of law to explain to them the appropriate steps to take in the circumstance at stake.
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