The 1999 Constitution

Section 187 (1)

In any election to which the foregoing provisions of this part of this Chapter relate a candidate for the
office of Governor of a State shall not be deemed to have been validly nominated for such office unless he nominates another candidate as his associate for his running for the office of Governor, who is to occupy the office of Deputy Governor; and that candidate shall be deemed to have been duly elected to the office of Deputy Governor if the candidate who nominated him is duly elected as Governor in accordance with the said provisions.

(According to the section above, every Governorship candidate must nominate a Deputy Governor as running mate and if the Governor wins, his running mate wins as Deputy Governor.)

Section 187 (2)

The provisions of this Part of this Chapter relating to qualification for election, tenure of office,
disqualifications, declaration of assets and liabilities and Oath of Governor shall apply in relation to the office of Deputy Governor as if references to Governor were references to Deputy Governor.

(The same contents of the law above regarding election, length of stay in office, being ineligible, possessions, outstanding responsibilities, promise to be fully committed and promise to his duties applies to the Deputy-Governor as they apply to the Governor.)

Section 188 (1)

The Governor or Deputy Governor of a state may be removed from office in accordance with the provisions of this section. 

(The Governor or Deputy Governor of a state can be removed from office for any of the following reasons in the law.)

Section 188 (2)

Whenever a notice of any allegation in writing signed by not less than one-third of the members of the House of Assembly.

(When any notice accusing either the Governor or Deputy Governor is in writing and signed by one-third of the members of the state House of Assembly.)

Section 188 (2)(a)

is presented to the Speaker of the House of Assembly of the State;

(The written allegation is given to the speaker of the House of Assembly.)

Section 188 (2)(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 written allegation says that the Governor or Deputy Governor is guilty of any strong wrongdoing while carrying out his duties, the details of such wrongdoing should be stated)

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.

(The speaker of the House of Assembly would give the holder of the office a copy which would serve as notice and circulate the accusation and the reply of such accusation to all members of the House of Assembly within 7 days.)

Section 188 (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.

(The House of Assembly would choose by a vote if the accusation would be investigated within 14 days of the accusation whether or not the person accused enters a defence.)

Section 188 (4)

A motion of the House of Assembly that the allegation be investigated shall not be declared 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.

(A vote needed for an investigation of the accusation must be above two-thirds majority of the House of Assembly.)

Section 188 (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.

(If the vote to investigate succeeds, the Speaker of the House of Assembly would request the chief Judge of the state to appoint a panel of 7 people whom are sincere, not in any Government employment, or any House of Assembly or Political Party to conduct the investigation of the accusation.)

Section 188 (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.

(Anybody[Governor or Deputy Governor] being investigated has the right to defend himself by himself or through a Lawyer.)

Section 188 (7) (a)

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

(The Panel setup by the Chief Judge would have powers given to them by the House of Assembly)

Section 188 (7)(b)

within three months of its appointment, report its findings to the House of Assembly.

(Give report of their investigation to the House of Assembly within 3 months.)

Section 188 (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.

(If the report of the panels’ investigation has no proof, the matter would not go further.)

Section 188 (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.

(If the report of the panels’ investigation has proof, the House of Assembly shall consider the report within fourteen days and cast a vote supported by not less than two-thirds majority of all its members and if they agree on the report, the person found guilty shall be removed from office on the date the report was agreed upon.)

Section 188 (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.

(The Court has no power to hear or question the process, vote or agreement made by the House of Assembly or the panel.)

Section 188 (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.

(