The ultimate aim of this paper is to critically analyse comparatively the concept of impeachment and its procedures in Nigeria and the United States of America. The essence of this work can only be achieved through a comparative approach. The aim of the comparison is fully encapsulated in the opinion of some writers. The objectives of this long essay are: To understand the procedure of impeachment and the attitude of the judiciary towards impeachment in Nigeria and in the United States of America. To bring to bear the inadequacies in the procedure of impeachment in both Nigeria and the United States of America. To compare both countries with the aim of improving their individual procedure of impeachment. Proffer solutions to the problems discovered in the course of the research.
An executive officer leaves office not only at the expiration of his tenure, or his death, or incapacitation as it is the ideal, but also upon impeachment. Impeachment is another potent and unusual way of removing an executive officer. However, impeachment which is supposed to be an instrument to check the excesses of executive officers in the hands of the legislature has become a tool in the hands of political parties and politicians to remove from office an executive officer who is from another political party or who is not a "loyalist". This practice is more peculiar to Nigeria where impeachment has become a tool for settling political scores.
This therefore amounts to an abuse of the power of impeachment conferred on the legislature. This underscores the essence of this research because a comparative analysis of the procedure for impeachment in Nigeria and the United States of America will expose the lapses in both legal systems and proffer solutions to such lapses. These lapses are the problem this research work intends to resolve. This research work intends to answer the following questions: What does impeachment entail in Nigeria and the United States of America? Who can be impeached in Nigeria and the United States of America? What is the procedure for impeachment in Nigeria and the United States of America? What are the differences in the procedure for impeachment in Nigeria and the United States of America? How can this procedure be breached? Should there be differences, will that amount to a gap? And which is the standard for impeachment to establish the basis for amending the other?
Table of Contents
- GENERAL INTRODUCTION
- BACKGROUND OF THE STUDY
- STATEMENT OF THE PROBLEM
- AIM AND OBJECTIVES OF THE STUDY
- SCOPE AND LIMITATION OF THE STUDY
- SIGNIFICANCE OF THE STUDY
- RESEARCH METHODOLOGY
- LITERATURE REVIEW
- SYNOPSIS OF CHAPTERS
- CONCEPTUAL FOUNDATION/HISTORICAL DEVELOPMENT
- HISTORY OF IMPEACHMENT
- CONCEPT OF IMPEACHMENT IN THE UNITED STATES OF AMERICA
- CONCEPT OF REMOVAL FROM OFFICE IN NIGERIA
- DEFINITION OF IMPEACHMENT
- LEGAL FRAMEWORK FOR IMPEACHMENT IN NIGERIA AND THE UNITED STATES OF AMERICA
- IMPEACHMENT IN NIGERIA
- IMPEACHMENT IN THE UNITED STATES OF AMERICA
- GROUNDS FOR IMPEACHMENT IN NIGERIA
- GROUNDS FOR IMPEACHMENT IN THE UNITED STATES OF AMERICA
- PROCEDURE FOR IMPEACHMENT IN NIGERIA
- PROCEDURE FOR IMPEACHMENT IN THE UNITED STATES OF AMERICA
- COMPARATIVE ANALYSIS OF IMPEACHMENT IN NIGERIA AND THE UNITED STATES OF AMERICA
- THE ATTITUDE OF NIGERIAN COURTS TOWARDS IMPEACHMENTS
- THE ATTITUDE OF COURTS IN THE UNITED STATES OF AMERICA TOWARDS IMPEACHMENT
- ANALYSIS OF THE PROCEDURE FOR IMPEACHMENT IN NIGERIA AND THE UNITED STATES OF AMERICA
Objectives and Key Themes
This work aims to comparatively analyze the impeachment procedures in Nigeria and the United States, highlighting the differences and potential gaps in the legal frameworks. It seeks to understand how the procedures are utilized, the role of the judiciary, and potential abuses of the impeachment process. * Comparative analysis of impeachment procedures in Nigeria and the USA. * Examination of the role of the judiciary in impeachment proceedings. * Identification of potential abuses and lapses in both legal systems. * Analysis of the grounds for impeachment in both countries. * Evaluation of the effectiveness of the impeachment process as a check on executive power.Chapter Summaries
GENERAL INTRODUCTION: This introductory chapter establishes the context for the study by exploring the presidential system of government, the doctrines of separation of powers and checks and balances, and the significance of impeachment as a mechanism for holding executive officials accountable. It highlights the importance of this process in Nigeria, noting instances of abuse and the judiciary's role in intervening. The chapter also provides a preview of the comparative analysis to be conducted between Nigeria and the United States, emphasizing the need to understand the procedures in both countries to identify potential areas for improvement. The introduction clearly states the research question and the intended contribution of the study. CONCEPTUAL FOUNDATION/HISTORICAL DEVELOPMENT: This chapter delves into the historical and conceptual underpinnings of impeachment, tracing its evolution and significance in both Nigeria and the United States. It explores the definition of impeachment and examines its application within the distinct legal and political contexts of each country. This sets the stage for the legal framework analysis in subsequent chapters by providing a foundation for understanding the core principles guiding the process. LEGAL FRAMEWORK FOR IMPEACHMENT IN NIGERIA AND THE UNITED STATES OF AMERICA: This chapter presents a detailed comparison of the legal frameworks governing impeachment in Nigeria and the United States. It examines the specific constitutional provisions, legal grounds for impeachment, and procedural steps involved in each jurisdiction. By outlining the similarities and differences in these frameworks, this chapter provides critical context for the subsequent comparative analysis. A comprehensive description of the legal landscape within each country is provided. COMPARATIVE ANALYSIS OF IMPEACHMENT IN NIGERIA AND THE UNITED STATES OF AMERICA: This chapter provides a detailed comparative analysis of the attitudes of the courts in Nigeria and the USA toward impeachments, shedding light on the judicial interpretations and precedents that have shaped the understanding and application of impeachment in both countries. The chapter focuses on specific cases and rulings to provide a clear understanding of how courts in each jurisdiction have addressed challenges and ambiguities related to the process. This analysis helps reveal any disparities in legal interpretations and potential areas of reform.Keywords
Impeachment, Presidential System, Checks and Balances, Separation of Powers, Nigeria, United States, Comparative Analysis, Constitutional Law, Judicial Review, Executive Accountability, Political Accountability, Legal Procedure.
Frequently Asked Questions: A Comparative Analysis of Impeachment Procedures in Nigeria and the United States
What is the overall focus of this document?
This document provides a comprehensive preview of a comparative analysis of impeachment procedures in Nigeria and the United States. It includes the table of contents, objectives and key themes, chapter summaries, and keywords.
What topics are covered in the "General Introduction" chapter?
The introduction sets the context by discussing the presidential system, separation of powers, checks and balances, and the importance of impeachment for executive accountability. It highlights instances of abuse in Nigeria and the judiciary's role. It also previews the comparative analysis and states the research question and contribution.
What is discussed in the "Conceptual Foundation/Historical Development" chapter?
This chapter explores the historical evolution and conceptual underpinnings of impeachment in both Nigeria and the United States. It defines impeachment and examines its application within the legal and political contexts of each country, providing a foundation for understanding the core principles.
What is the main content of the "Legal Framework for Impeachment" chapter?
This chapter offers a detailed comparison of the legal frameworks governing impeachment in both countries. It examines constitutional provisions, legal grounds for impeachment, and procedural steps, highlighting similarities and differences.
What does the "Comparative Analysis of Impeachment" chapter cover?
This chapter provides a detailed comparison of the attitudes of courts in Nigeria and the USA towards impeachment, analyzing judicial interpretations, precedents, and specific cases to show how courts have addressed challenges and ambiguities in the process.
What are the key themes explored in this comparative analysis?
Key themes include a comparative analysis of impeachment procedures, the role of the judiciary, potential abuses and lapses in both legal systems, grounds for impeachment, and the effectiveness of impeachment as a check on executive power.
What are the keywords associated with this research?
Keywords include Impeachment, Presidential System, Checks and Balances, Separation of Powers, Nigeria, United States, Comparative Analysis, Constitutional Law, Judicial Review, Executive Accountability, Political Accountability, and Legal Procedure.
What is the purpose of this comparative analysis?
The work aims to comparatively analyze impeachment procedures in Nigeria and the United States, highlighting differences and potential gaps in the legal frameworks. It seeks to understand how procedures are utilized, the role of the judiciary, and potential abuses of the process.
What type of document is this?
This is a language preview providing a structured overview of a research project focused on a comparative analysis of impeachment processes in Nigeria and the United States.
- Quote paper
- Mitong Dapal (Author), 2019, The concept and procedures of impeachment. A comparison between Nigeria and the United States of America, Munich, GRIN Verlag, https://www.grin.com/document/512624
