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188.
(1)
The Governor or Deputy Governor of a state may Removal of
Governor
be removed from office in accordance with
the provisions or Deputy Governor
of this section. from office.
(2) Whenever a notice of any allegation
in writing signed by not less than one-third of the members
of the House of Assembly.
(b) stating that the holder of such office
is guilty of gross misconduct in the performance of the
functions of his office, detailed particulars of which shall
be specified.
the speaker of the House of Assembly shall,
within seven days of the receipt of the notice, cause a
copy of the notice to be served on the holder of the office
and on each member of the House of Assembly, and shall also
cause any statement made in reply to the allegation by the
holder of the office, to be served on each member of the
House of Assembly.
(3) Within fourteen days of the presentation
of the notice to the speaker of the House of Assembly (whether
or not any statement was made by the holder of the office
in reply to the allegation contained in the notice-, the
House of Assembly shall resolve by motion, without any debate
whether or not the allegation shall be investigated.
(4) A motion of the House of Assembly that
the allegation be investigated shall not be decla#FF0000
as having been passed unless it is supported by the votes
of not less than two-thirds majority of all the members
of the House of Assembly.
(5) Within seven days of the passing of
a motion under the foregoing provisions of this section,
the Chief judge of the State shall at the request of the
speaker of the House of Assembly, appoint a Panel of seven
persons who in his opinion are of unquestionable integrity,
not being members of any public service, legislative house
or political party, to investigate the allegation as provided
in this section.
(6) The holder of an office whose conduct
is being investigated under this section shall have the
right to defend himself in person or be represented before
the panel by a legal practitioner of his own choice.
(7) A Panel appointed under this section
shall -
(a)
have such powers and exercise its functions in accordance
with such procedure as may be prescribed by the House of
Assembly; and
(b) within three months of its appointment,
report its findings to the House of Assembly.
(8)
Where the Panel reports to the House of Assembly that the
allegation has not been proved, no further proceedings shall
be taken in respect of the matter.
(9)
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
form office as from the date of the adoption of the report.
(10)
No proceedings or determination of the Panel or of the House
of Assembly or any matter relating to such proceedings or
determination shall be entertained or questioned in any
court.
(11)
In this section -
"gross
misconduct" means a grave violation or breach of the provisions
of this Constitution or a misconduct of such nature as amounts
in the opinion in the House of Assembly to gross misconduct.
