Parliament Could Remove President, Vice-President Under Proposed Bill

The 2025 Constitutional Amendment Bill proposes new provisions that would give Parliament the power to remove the President or Vice-President under specific circumstances, raising questions about executive stability and the balance of powers.

Under the Bill, Clause 9 amends Section 49(1) of the Constitution to allow Parliament to remove the President by a two-thirds majority resolution if the President resigns from or is expelled by the political party under which he was elected. Clause 12 introduces a similar provision for the Vice-President by amending Section 55(e), enabling parliamentary removal following resignation or expulsion from the nominating party.

The proposed amendments also codify elements of the Supreme Court’s 2015 ruling in the Alhaji Sam Sumana case, clarifying that loss of party membership alone does not automatically create a vacancy in the presidency or vice-presidency. Any removal would require formal parliamentary action.

Additionally, the Bill introduces a provision allowing the extension of a presidential term by up to 12 months in emergency situations, such as when elections cannot be held due to war or other national crises.

Analysts say that while the Bill aims to address legal uncertainties identified in the Sam Sumana case, some provisions could expand parliamentary influence over the executive. They note that a dominant party could potentially remove a President or Vice-President during internal political disputes, even without proven misconduct.

The emergency term extension has also drawn attention, with calls for clear safeguards to prevent prolonged postponement of elections during crises.

The 2025 Constitutional Amendment Bill is currently under consideration in Parliament, with further debate expected before any of its provisions are enacted.