Chapter 9: THE EXECUTIVEPart 2 — THE PRESIDENT AND DEPUTY PRESIDENT

Article 145. Removal of President by impeachment

Navigate this chapter (30 articles)

• 129. Principles of executive authority
• 130. The National Executive
• 131. Authority of the President
• 132. Functions of the President
• 133. Power of mercy
• 134. Exercise of presidential powers during temporary incumbency
• 135. Decisions of the President
• 136. Election of the President
• 137. Qualifications and disqualifications for election as President
• 138. Procedure at presidential election
• 139. Death before assuming office
• 140. Questions as to validity of presidential election
• 141. Assumption of office of President
• 142. Term of office of President
• 143. Protection from legal proceedings
• 144. Removal of President on grounds of incapacity
• 145. Removal of President by impeachment (current)
• 146. Vacancy in the office of President
• 147. Functions of the Deputy President
• 148. Election and swearing in of Deputy President
• 149. Vacancy in the office of Deputy President
• 150. Removal of Deputy President
• 151. Remuneration and benefits of President and Deputy President
• 152. Cabinet
• 153. Decisions, responsibility and accountability of the Cabinet
• 154. Secretary to the Cabinet
• 155. Principal Secretaries
• 156. Attorney-General
• 157. Director of Public Prosecutions
• 158. Removal and resignation of Director of Public Prosecutions

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In this Chapter

Official Constitutional Text

145. (1) A member of the National Assembly, supported by at least a third of all the members, may move a motion for the impeachment of the President—

(a) on the ground of a gross violation of a provision of this Constitution or of any other law;

(b) where there are serious reasons for believing that the President has committed a crime under national or international law; or

(c) for gross misconduct.

(2) If a motion under clause (1) is supported by at least two-thirds of all the members of the National Assembly—

(a) the Speaker shall inform the Speaker of the Senate of that resolution within two days; and

(b) the President shall continue to perform the functions of the office pending the outcome of the proceedings required by this Article.

(3) Within seven days after receiving notice of a resolution from the Speaker of the National Assembly—

(a) the Speaker of the Senate shall convene a meeting of the Senate to hear charges against the President; and

(b) the Senate, by resolution, may appoint a special committee comprising eleven of its members to investigate the matter.

(4) A special committee appointed under clause (3) (b) shall—

(a) investigate the matter; and

(b) report to the Senate within ten days whether it finds the particulars of the allegations against the President to have been substantiated.

(5) The President shall have the right to appear and be represented before the special committee during its investigations.

(6) If the special committee reports that the particulars of any allegation against the President—

(a) have not been substantiated, further proceedings shall not be taken under this Article in respect of that allegation; or

(b) have been substantiated, the Senate shall, after according the President an opportunity to be heard, vote on the impeachment charges.

(7) If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the President shall cease to hold office.

Plain English Explanation

This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.

Article 145 details how the President can be impeached and removed from office for bad behavior. An impeachment process can start if a President breaks the constitution, commits a serious crime, or engages in gross misconduct. First, at least one-third of the National Assembly must support the initial motion, and then at least two-thirds of the Assembly must vote to send the case to the Senate. The Senate then forms an 11-member committee to investigate the charges over 10 days, while giving the President a chance to defend themselves. If this committee finds the accusations are true, the full Senate debates the matter, and if at least two-thirds of all Senators vote to uphold the charges, the President is immediately removed from office.