CONSTITUTIONAL LAW — Impeachment — Computation of Two-thirds Majority — Vacant Seats Not to Be Excluded
Principle Statement
When subsection (2) of section 188 is compared with subsection (9) of section 188 it becomes clear that the expression 'of the members' and 'all the members' do not mean the same thing. The expression 'all the members' refers to the members present and voting at the House of Assembly on any particular day after forming the required quorum for the transaction of legislative business which is 1/3 of all the members as provided for in section 96(1) of the 1999 Constitution.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Dapianlong & Ors v. Dariye & Anor (2007) NLC-123-39-2007(SC) at p. 44; Paras A–C.
"When subsection (2) of section 188 is compared with subsection (9) of section 188 it becomes clear that the expression 'of the members' and 'all the members' do not mean the same thing. The expression 'all the members' refers to the members present and voting at the House of Assembly on any particular day after forming the required quorum for the transaction of legislative business which is 1/3 of all the members as provided for in section 96(1) of the 1999 Constitution."
Explanation / Scope
Explanation/Scope:
In impeachment proceedings, the two-thirds majority required under section 188(9) is computed based on all members of the House, not just those present and voting. Vacant seats are not excluded from the calculation. This ensures that the threshold for removal is stringent and reflects the will of the entire membership.
