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(3) If the Constitutional Offices Commission considers that the question of removal
from office ought to be investigated, then—
(a) the Constitutional Offices Commission appoints—
(i)
in the case of alleged misbehaviour—a tribunal, consisting of
a chairperson and not less than 2 other members, selected from
amongst persons who hold or are qualified to hold the office of a
Judge; and
(ii)
in the case of alleged inability to perform the functions of office—a
medical board, consisting of a chairperson and 2 other members,
each of whom is a qualified medical practitioner;
(b) the tribunal or medical board enquires into the matter and furnishes a
written report of the facts to the President and advises the President of its
recommendation whether or not the person concerned should be removed
from office; and
(c) in deciding whether or not to remove the person concerned from office, the
President must act in accordance with the advice of the tribunal or medical
board, as the case may be.
(4) The President on the advice of the Constitutional Offices Commission may, on
such terms and conditions as he or she deems fit, suspend the person concerned from
office pending investigation and pending referral to and appointment of a tribunal or a
medical board under subsection (3), and may at any time, revoke the suspension.
(5) The suspension of the person concerned from office under subsection (4) ceases
to have effect if the President determines that the person should not be removed from
office.
(6) The report of the tribunal or the recommendations of the medical board, as the
case may be, made under subsection (3) shall be made public.
Performance of functions of commissions and tribunals
138.—(1) This section applies to—
(a) Human Rights and Anti-Discrimination Commission;
(b) Electoral Commission;
(c) Judicial Services Commission;
(d) Legal Aid Commission;
(e) Mercy Commission;
(f)
Public Service Disciplinary Tribunal;
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