ADAMAWA STATE POLITICAL UPDATE Court stops Adamawa Assembly - TopicsExpress



          

ADAMAWA STATE POLITICAL UPDATE Court stops Adamawa Assembly from serving substituted impeachment notice Written by Timothy Choji House proceeds in defiance of Court order A High court sitting in Yola, the state capital has dismissed an application filed by the state House of Assembly to serve Governor Murtala Nyako and his deputy an impeachment notice through substituted means. The court, presided over by the state Acting Chief Judge, Justice Ambrose Mamadi, dismissed the application, insisting that the said application could not be granted because the respondents must be served personally. In view of the holding of the Supreme Court in the case of Inikojo VS Adeleke to which I am bound, I hereby refuse to exercise my discretion to grant the application.I hold that service of notice of allegations against the respondents must be by personal served. I resolve the issue for determination in the negative, I hereby refuse the application and it is accordingly dismissed, Justice Ambrose ruled. Clerk of the House, Francis Gbensenso had told the lawmakers in session on Monday that he had made frantic effort to serve the governor and his deputy with the impeachment notice but found their offices under lock and key. However, Monday’s sitting at the House presided over by the Deputy Speaker, Kwamoti Laori, directed the clerk and the committee that probed Nyako of the alleged gross misappropriation and misconduct to publish the notice in two national newspapers. Adamawa Assembly defies court order •Asks clerk to serve Nyako, deputy impeachment notices Despite the ruling of a competent court in Yola on Monday, Adamawa State lawmakers went on to deliberate on the impeachment of Governor Murtala Nyako and his deputy, Mr James Ngilari. The House of Assembly, currently on two weeks recess, met on Monday, at a special session to adopt the rules and proceedings of the June 18, 2014, where the house directed its clerk, to serve the governor and his deputy, with the notices of financial misconduct through two national dailies. The session was presided over by the deputy speaker, Mr Kwamoti La’ori, even as the speaker, majority leader, and other principal officers were absent. At the plenary session, the member, representing Hong Constituency, Mr Wafama Amfari, raised an issue of constitutional matter to the effect that the decision of the House to serve Governor Nyako and his deputy, were purely for their alleged gross misconduct. There and then, the deputy speaker, who presided at the sitting, Mr Kwamoti La’ori, invited the clerk of the House to come forward and furnish members with the resolution of the House on the June 18, 2014, which directed him to serve the governor and his deputy with the impeachment notice. When the clerk, Mr Francis Gansenso, emerged, he told the House that he could not serve the governor and his deputy owing to the fact that they could not be located. The clerk told the House that he had visited the offices of the governor and his deputy severally, but without positive results. However, a Yola High Court presided over by the acting Chief Judge, Mr Justice Ambrose Mamadi, has dismissed an application by the House of Assembly to serve Governor Nyako and his deputy the impeachment notice, through the media. In the suit, the Assembly prayed the court to grant its application in the face that the governor and his deputy cannot be seem personally for them to receive the impeachment notice. In his ruling, the acting Chief Judge ruled that in view of holding of the Supreme Court judgment in case of Inikojo and Adeleke to which I am bound, I refused to excise my discretion to grant the application sought by the House of Assembly. The acting Chief Judge, Mr Justice Ambrose Mamadi, further that I resolved the issue for determination in the negative, I refused the application, it is accordingly dismissed. Meanwhile, a group, Ada-mawa Progressive Movement (APM), has condemned moves by members of the state House of Assembly to impeach Governor Nyako, saying that the plot was aimed at further destabilising the state. In his reaction, a former lawmaker in the state, Alhaji Mijinyawa Kugama, called for the arrest of the speaker of the House of Assembly, Umaru Fintiri, for contempt of court. According to him, the action of the lawmakers is unconstitutional and they should not be allowed to go scot free to serve as a deterrent to others.
Posted on: Tue, 24 Jun 2014 14:53:06 +0000

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