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{
    "id": 592529,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/592529/?format=api",
    "text_counter": 72,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "on the part of the President, the Vice-President and ‘civil officers of the United States’ of America (USA). The fundamental issue that each House of Parliament contemplating impeachment of a State officer must confront is whether the conduct in question falls within the constitutional parameters. In the USA, the thresholds are of such nature as ‘treason, bribes or other high crimes and misdemeanours.’ In most jurisdictions where the legislatures have been given powers of removal, the impeachment process is a complex and cumbersome mechanism. The thresholds are not precisely defined in the Constitution itself and, therefore, it is the responsibility of the House to determine grounds and particulars based on their respective constitutions. In most cases, the constitutional framework is skeletal, providing minimum guidance as to the nature of the proceedings and leaving the void to be filled, to a great extent, by the House rules, procedures and precedents. Moving on to our National Assembly procedures for impeachment of the President, the Deputy President and Cabinet Secretaries, Part XIV of our Standing Orders clearly outline the procedure for removal from the respective state offices. In particular, the procedure for the removal of the President by impeachment is outlined under Standing Order No.64, which provides as follows:- “(1) Before giving notice of Motion under Article 145(1) of the Constitution, the Member shall deliver to the Clerk a copy of the proposed Motion in writing- (a) stating the grounds and particulars in terms of Article 145(1) of the Constitution upon which the proposed motion is made; (b) signed by the Member; and, (c) signed in support by at least a third of all Members.” By virtue of Standing Order No.65, this procedure also applies for the impeachment of the Deputy President. The procedure of removal of a Cabinet Secretary by the House is outlined under Standing Order No.66, which states as follows:- “(1) Before giving notice of motion under Article 152(6) of the Constitution, the Member shall deliver to the Clerk a copy of the proposed motion in writing- (a) stating the grounds and particulars in terms of Article 152(6) of the Constitution upon which the proposed Motion is made; (b) signed by the Member; and, (c) signed in support by at least one quarter of all the Members of the Assembly.” Hon. Members, having looked at the relevant provisions of the Constitution and the Standing Orders, it is now important to look at the recent developments in the courts of law in relation to impeachment processes. You will recall that Articles 145, 150(2), 152(6) and 251(2)(a)(b) of the Constitution require, as a ground for removal from office of the President, the Deputy President, Cabinet Secretary or member of a constitutional commission or independent office, a threshold of either gross violation of the Constitution or other laws or gross misconduct. Under Article 75(3) of the Constitution, a person who has been dismissed or otherwise removed from office for misconduct in a state office is disqualified from holding any other state office. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}