Clock ticks for Nyako 0 BY OUR REPORTER ON JULY 3, 2014 · COVER ■ Adamawa Assembly presses on with impeachment, asks CJ to raise investigative panel on gov’s alleged offences Determined to impeach Governor Murtala Nyako and his deputy, Bala James Ngilari, for alleged financial misconduct, the House of Assembly yesterday directed the state’s Chief Judge to raise a seven-man panel to investigate the two top officials. The panel was given seven days to do the job. Governor Nyako and Mr Ngilari were slammed with a 20-count charge contained in the lawmakers’ impeachment notice issued about three weeks ago. The House is relying on section 188 subsections 4 and 5 of the Constitution when it ordered the investigative panel. The resolution was sequel to two documents signed and verified by the Speaker, Alhaji Umaru Ahmadu Fintiri, while 20 of the 25-member House resolved that Nyako and Ngilari be investigated with immediate effect. The proceedings of the panel are expected to be held in public and shall be conducted from 9am to 5pm daily. The House at yesterday’s plenary declared that the decision was taken for failure of Nyako and Ngilari to defend themselves on the allegations of gross misconduct, adding that all constitutional processes had been exhausted. The proceedings, chaired by the Speaker, among others, said by law, two-thirds of the House have signed that the two principal executive officers be investigated by the Chief Judge, Justice Ambros Mamadi. The lawmakers then adopted the panel of Investigation Rule of Procedure of Adamawa State, which Fintiri said should include a chairman and a secretary and five others, and should adopt ordinary rules of fair hearing. “The panel shall in the course of its proceedings adopt the ordinary rules of fair hearing. The panel may, however, in its discretion, be guided by the High Court Civil Rules of Adamawa State and the provision of the Evidence Act, 2009.” The procedure also maintained that evidence adduced before the panel may be oral or documentary; and that the evidence shall be led in the first instance in proof of an allegation; evidence may be led in the next instance in rebuttal of the allegation. It also stipulates that the panel may regulate the time for the giving of evidence or the making of an application or final submission by witnesses or parties or counsel on their behalf and the panel’s decision in this regard shall be final; and that the conclusion of the findings of the panel at the close of evidence relating to every allegation, make its findings separately in respect of each allegation. Meanwhile, Nyako’s lawyer, Ayo Akam, who held brief for Kanu Agabi (SAN), at a Yola High Court, described the lawmakers’ action as a contempt of court. The court had already restrained the House from going ahead with the impeachment process. On June 26 this year, a Yola High Court presided over by Justice Mamadi, had restrained the lawmakers from carrying out the impeachment process until the case is decided by the court. Last Monday, Mr Ngilari, a lawyer, faulted the word “impeachment” in the notice issued to him which he said he never received. The deputy governor said he was outside the country on a medical check-up when the notice was brought. Mr Ngilari accused some politicians from the state but based in Abuja, as being behind his travail even as he claimed the impeachment saga had polarised the politicians. If the House succeeds in removing both top officials from office, it would be the first time during the present political dispensation. Recall that Nyako and other four Peoples Democratic Party (PDP) governors defected to the opposition All Progressives Congress (APC) late last year.
Posted on: Thu, 03 Jul 2014 05:13:12 +0000
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