Impeachment: Adamawa legislators directs Chief Judge to raise probe panel on Nyako and Deputy
Unwavering in their plan to impeach Governor Murtala Nyako and his Deputy Mr. James Bala Ngillari, the Adamawa State House of Assembly yesterday directed the State’s Acting Chief Judge, Justice Ambrose Mamadi, to constitute a seven-member panel within seven days to investigate the allegations of gross misconduct leveled against the governor and his deputy.
Citing Section 188 sub-section (3) and (4) of the 1999 Constitution as amended, the Deputy Speaker, Mr. Laori Kwamoti, moved a motion on constitutional grounds that based on the two sub-sections cited above, the 14 days from the date the impeachment notice was presented has expired and that the members should vote for the 2/3 majority as provided in the constitution.
Sub-section (3) states, “Within 14 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.”
Sub-section (4) states: “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.”
When the speaker put the motion to vote after it was seconded by another member of the House, 20 members out of 25 of them confirmed that they signed the impeachment notice of the governor and his deputy.
“Going by the constitutional requirement of two-thirds majority, we needed only 17 signatures out of the 25 members, but we have 20 exceeding the required two-thirds”, the speaker said.
“Based on the provisions of Section 188 sub-section (3) and (4) which this House has fully complied with, I hereby ask the Acting Chief Judge of the State to constitute a seven-man panel within seven days to investigate the allegations of gross misconduct leveled against the governor and the deputy governor”, he said.
In the 11-point reference to the seven-man panel, the speaker said that the panel shall have a chairman, secretary and five members. He said that four members form quorum to sit and that if the chairman in his absence did not appoint an acting chairman, the members of the panel can pick any member as its panel.
“No party to the investigation should be compelled to appear in person, no witness shall be compelled to give evidence and that the governor and the deputy governor can be represented by their lawyers.”
The seven-man panel is to sit from Monday to Saturday weekly. Section 188 sub-section (7) part (b) stated,” Within three months of its appointment, report its findings to the House of Assembly”.
The House of Assembly two weeks ago presented a notice of impeachment to the governor and his deputy with 20 charges of gross misconduct on the governor and six charges on his deputy.
Since the governor left the state on the date of the presentation of the impeachment notice two weeks ago, he is yet to return to the state, a situation that forced the members to serve the duo through the media.
In an eight-page impeachment notice, allegations of gross misconduct running into several billions of naira were leveled against the embattled governor (Nyako).
One of the allegations stated, ‘‘Squandering of N1billion Adamawa State Scholarship Trust Fund.” Two, “abuse of office and violation of Adamawa State law by appointing his wife, Dr, Halima H. Nyako, as the chairman Adamawa State Action Committee on AlDS (SACA), contrary to the SACA law.’’
