43 of the Constitution mandates that any such legislation prescribing the
procedure for impeachment of public officials, including judicial officers,
must conform to and be consistent with the requirements of due process of
law.
90.It is the claim of the Applicant that the House did not have any procedure in
place at the time of his impeachment and also constituted an Ad Hoc
Committee to investigate and frame the impeachment charges without regard
or recourse to the rule and procedure of the House which confers such function
on the Judicial Committee of the House; a claim which the Respondent did
not controvert. Further, the Applicant alleges that the Senate in his trial
amended its rules of procedure and did not return immediate verdict after
voting but waited for another two days to declare the outcome of the Vote.
91.The core of the law as it is in the Constitution, empowers the Legislature to
prescribe the nitty gritty of the penumbra which is the operational details of
how impeachment proceedings are to be conducted; this is a very wide power
in accordance with the wide margin of appreciation a national domestic
authority has in the determination and operation of its domestic law.
92.The Applicant’s contention in respect of violations of his right to fair hearing
may be categorized into three headings for determination. These are; firstly,
the claims of violation of right to fair-trial at the Pre-trial stage of his
impeachment; secondly the independence and impartiality of the court of
impeachment; and lastly, the irregularities in the trial and judgment.
93.On the issue of breaches at the pre-trial stage, basically the Applicant’s bone
of contention is that, the impeachment by the House which constituted a stage
36