Case Dismissed! Leadership Newspaper There was wild jubilation in Lafia, the capital of Nasarawa State, and other major towns and cities across the state yesterday following the dismissal of the 16-count charge of abuse of office and gross misconduct levelled against Governor Tanko Al-Makura by the state House of Assembly. Delivering the ruling after the successful completion of its assignment in accordance with the provisions of the guideline of procedures as drafted by the panel, the chairman of the investigative panel, Mr Shehu Usman, said the State Assembly had failed to produce any evidence to prove any of the 16 charges levelled against Governor Al-Makura. The dismissal came barely two days after the panel commenced public sitting. But the lawmakers had decided to abstain from the proceedings on the grounds that there were constitutional breaches in the composition of the membership of the probe panel by the chief judge of the state, Justice Suleiman Dikko. The lawmakers, represented by a six-man legal team led by Ocha Ulegede, who made a brief appearance before the panel, said their attendance was in protest of the constitutional breaches that attended the composition of the panel and in response to the notice of appearance served on them by the Panel. In his presentation, Al-Makura’s lead lawyer, Chief Nnura Udechukwu (SAN), who is leading Ms Funke Aboyade (SAN), Prof. Ernest Ojukwu and other lawyers, called on the panel to dismiss the allegations on the grounds that the Assembly had failed in its duty by impugning the very process they commenced by failing to substantiate their allegations which he described as frivolous and lacking in merit to establish any case of gross misconduct. “Failure of the legislature to provide rules of procedure which they were supposed to have done even before directing the CJ to constitute a seven-man panel has rendered proof of their allegations baseless,” Chief Udechukwu submitted. He urged the panel to dismiss the 16 allegations on the grounds that the legislature has appeared and declared its intention not to continue with the impeachment and subsequently report to the Assembly that the allegations have not been proved as required by section 188(8) of the constitution. Addressing newsmen after the verdict was delivered by the panel, Udechukwu lamented that the issues raised in the 16-count charge were primarily what could be resolved through resolutions and mutual understanding between the two arms of government. He called on the legislators to stop hiding under the guise of performing their duties only to mortgage the bright future of Nigerians in the name of politics. On his part, Governor Al-Makura thanked the citizens of the state for their faith in him and for standing by him throughout the period. He restated his commitment towards ensuring that the lot of the common is changed for the better by his administration. Calling on people to eschew political sentiments along party lines, he assured that his administration would continue to carry everybody along and warned against any inciting statements or acts capable of causing friction in the society. Verdict unacceptable – State Assembly Meanwhile, the Nasarawa State Assembly has rejected the outcome of the panel. Speaking to journalists yesterday in Abuja, the chairman, House Committee on Information and Security, Hon. Mohammed Ibaku, said that the House has the backing of the constitution and that even court judgments can’t interfere with their decisions. ‘’We don’t have space for court; the constitution has stated it already that court should not interfere in our proceedings. House of Assembly, as far as we are concerned, is guided by the constitution. And nobody knows the meaning of gross misconduct like the assembly,’’ he said. He further stated that as far as the House is concerned, the governor has already been impeached, adding that the governor had declared himself wanted by the EFFC with his act. Assembly men’s action a display of ignorance and rascality – Lawyers Reactions trailed the decision of the seven-man panel set up by the chief judge of Nasarawa State to investigate allegations of corruption against Governor Umar Al-Makura. The panel dismissed all the allegations raised against the governor by the members of the State House of Assembly. Prominent lawyers in the country said the lawmakers in the state have no choice except to accept the report of the panel. Professor Awa Kalu, SAN, in his reaction said that since the panel has deliberated on the allegation, the lawmakers in the state have no other choice than to accept the verdict. According to him, the lawmakers ceased to have a say in the impeachment proceedings once they submitted their allegations against the governor and a panel was constituted. “The lawmakers are only to raise allegations against the governor. They have no business in how the panel that will investigate the allegation is constituted. Once findings are made, they have no choice than to accept the report. As far as I am concerned, their hands are tied. Lagos lawyer Mr Femi Falana, SAN, shared the same view with Professor Kalu. He said section 188(8) of the 1999 Constitution is clear on impeachment proceedings: once the allegations are dismissed, the lawmakers can do nothing about it. Mr Festus Keyamo described the action of the Assembly members in the state as a complete display of ignorance and rascality. According to him, what Nigerians witnessed in Nasarawa State as it relates to the impeachment proceedings is a complete display of separation of power. “By saying that they are not going to accept the report, the lawmakers have displayed absolute ignorance and rascality. They should stop embarrassing themselves and Nigerians,” Keyamo said. Constitution does not make provision for rejection of panel’s report – Lawyers According to Tayo Oyetibo (SAN), the 1999 Constitution, as amended, does not make any provision for the rejection of the verdict of the investigative panel. Oyetibo maintained that once the panel has passed a not guilty verdict, that is the end of the matter. He also said, “It only when the panel indicts the governor that the legislators can then proceed to deliberate and possibly impeach the governor. “But in this circumstance the law does not give them any power to reject the verdict. “The options open to them is to go to court or bring fresh allegations against the governor, thereby kick starting the process all over again.” Also speaking on the issue, constitutional lawyer Fred Agbaje said this is a clear constitutional matter and there are provisions in the constitution on steps to be taken when a president, his vice or a governor or his deputy is to be impeached. Agbaje noted that in section 188 of the Constitution, it is not permitted for the lawmakers to reject the findings of the panel. The lawyer argued that the only thing that the lawmakers can do in this circumstance is to seek a judicial review of the proceedings of the investigative panel because it is only the court that can enquire into the process adopted by the panel. On his part, social activist Jiti Ogunye stated that though the provisions of section 188 of the 1999 Constitution is clear on this issue, it however does not give all the details because it not possible to do so. He said: “So when the constitution is read together by the party complaining in this instance, they would discover that their only option is to seek justice in line with section 6 of the constitution, which created the judicial arm of government. “If after they have said they would reject the composition of the investigative panel, they then turned around to send a legal team to represent them at the sitting, the right thing to do now is for them to go to court and argue their case, after which they still have a right of appeal. “The constitution has not made any provision for any rejection of the findings of the panel; so in the eyes of the law their rejection is of no consequence.”
Posted on: Wed, 06 Aug 2014 14:59:25 +0000
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