CONSTITUTIONAL LAW — Impeachment — Two-thirds Majority Requirement — Meaning of “all the members” under section 188(9) of the 1999 Constitution
Principle Statement
Where the report of the Panel is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report, the House of Assembly shall consider the report, and if by a resolution of the House of Assembly supported by not less than two-thirds majority of all its members, the report of the Panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Dapianlong & Ors v. Dariye & Anor (2007) NLC-123-39-2007(SC) at pp. 43–44; Paras A–C.
"Where the report of the Panel is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report, the House of Assembly shall consider the report, and if by a resolution of the House of Assembly supported by not less than two-thirds majority of all its members, the report of the Panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report."
Explanation / Scope
The two-thirds majority required for impeachment under section 188(9) is of “all its members,” not just those present and voting. This means the total membership of the House, excluding vacancies, is the base for calculating the required majority. This ensures a high threshold for removal and protects the office holder.
