you are here: > Article 87 
 
V. General Operations, Standards and Systems
  
  5.6 General Standards and Procedures  
  Article 87-Impeachment Commission  
87.1 Impeachment Commission  
  While it is the hope that all elected officials of the Bank shall perform their duties the greatest respect to this Charter and to their respective office, it is recognized that there may be times where a person or group of persons of elected office fail to uphold the article of this Charter and their respective oath of office.  
  Such matters are most serious and require careful consideration, for not only is the act of willful disregard to the principles of elected office to the Union a crime, so too is the false accusation of any elected official of such a crime.  
  Therefore, it is by the wisdom of this Charter, that elected officials may only be forcibly removed from office through the process of an Impeachment Commission. It is also by this Charter that all elected officials from the Board of Governors, the Treasurer and Comptroller to the lowest ranked official may be subject to such a commission if sufficient evidence exists and such a commission is deemed to be created by the appropriate elected body of the Bank.  
87.2 Impeachment commission  
  An impeachment commission shall exist and function on the principles of fair trial by a jury of fair representation of peers according to the belief of innocence until the proof of guilt by evidence.  
  All impeachment commissions shall follow the primary procedural guidelines as set forth by this Charter, including:  
  (i) The approval by a tribunal of not less than three (3) judges of the Globe Union Supreme Court and three (3) sitting members of the Board of Govenors in their capacity as judges for the collection and preparation of evidence to support the creation of a warrant for crimes committed against the Bank by the accused and any alleged co-conspirators. Where allegations are made against one or more members of the Board of Governors, the full six (6) places on the tribunal shall be filled by judges of the Globe Union Supreme Court; and  
  (ii) A Bill to form an Impeachment Commission shall be presented to the appropriate elected body under the correct terms of jurisdiction, citing the certified warrants (preliminary evidence) for the Impeachment of one or more Elected Officials; and  
  (iii) The passing of the Bill for the formation of the Impeachment Commission under the terms listed in the Bill, with the appointment of a Leading Prosecuting Counsel (the Prosecutor), a Lead Defence Counsel (the Defence), a tribunal of six (6) as defined previously.  
87.3 Terms of jurisdiction of an impeachment commission  
  Fundamentally, an impeachment commission cannot be formed by a lower elected body for the charge of impeachment of an elected official belonging to a higher elected body. A Bill to form an impeachment commission may only be formed for the charge against an elected official of the same level of the organisation or lower.  
  Therefore, by this Charter, an Impeachment Commission against the Board of Governors of the Bank may only be formed by the Senate of the Union itself.  
 

 

  
     
     
 
 

Copyright © 2010 Africans-Union-Bank.Org All rights reserved.