The National Assembly can only remove a sitting President or Vice President based on Section 143 of the constitution.
A top source according to The Nation said: “The Senators plotting the removal of the Acting President are not even aware that they cannot remove an Acting President. If they are after Prof. Yemi Osinbajo, they should wait till he reverts to his position as the Vice President.
‘’The only option the Senators have now is to serve an impeachment notice on President Muhammadu Buhari, which will be suicidal.
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“This is why the Senators must be circumspect or else they will plunge the nation into crisis.
“Even northerners backing the subtle impeachment agenda should appreciate the fact that President Buhari is actually the ultimate target of all the threats from the Senate.
“Let them go through Section 143 before going ahead with their impeachment plot of which kite was flown on Tuesday.”
Following the negative reactions to the Tuesday drama in the Senate, its President, Dr. Saraki on Thursday night held a secret meeting with Acting President Osinbajo.
The meeting was also preceded by a visit to the Acting President by the National Chairman of the All Progressives Congress (APC), Chief John Odigie-Oyegun, who said he has advised the Senate leadership to prevail on Senators to lie low in order not to plunge the nation into crisis.
Sources said Saraki met with Osinbajo on “some developments in the Senate during the week, including the suspension of the consideration of further nominations by the Executive in protest against the retention of the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu, and the impeachment threats by some Senators.
Section 143 says: “The President or Vice President may be removed from office in accordance with the provisions of this section.
“Whenever a notice of any allegation in writing signed by not less than one-third of the members of the National Assembly is (a) presented to the President of the Senate (b) stating that the holder of the office of President or Vice President is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified.
“The president of the Senate shall within seven days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the National 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 National Assembly.”
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