Lawmakers insist on impeachment, ask CJ to raise probe panel on Nyako Wednesday, 02 July 2014 23:05Written by Alemma-Ozioruva Aliu (Benin City) and Emmanuel Ande (Yola) Category: National Hits: 1 • Edo Assembly relocates to Govt House, impeaches dep. speaker DETERMINED to go ahead with its impeachment moves against Governor Murtala Nyako and his Deputy Mr. James Bala Ngillari, the Adamawa State 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. In a related development, the crisis rocking the Edo State House of Assembly yesterday took a new turn as the 15 member of the All Progressives Congress (APC) met in the old Exco chambers in Government House where they impeached the Deputy Speaker, Festus Ebea and replaced him with Victor Edoror. 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.’’ Until late last year when Edoror defected from the Peoples Democratic Party (PDP) to the APC, Ebea was the only APC lawmaker from Edo Central Senatorial District. Ebea’s impeachment was sequel to a motion moved by Foly Ogedengbe, Chief Whip of the House representing Owan East and seconded by Patrick Asowerien representing Orhionmwon Constituency 1. Edoror’s election as the deputy speaker was sequel to a motion moved by Bamidele Oloruntoba, representing Akoko- Edo Constituency 1 and seconded by Sunday Osazemwinde representing Ovia North East constituency 1. They accused Ebea of allegedly forcefully breaking into the hallowed chambers to take over the office of the Speaker, Uyi Igbe, “high handedness and gross misconduct”. Reacting to Ebea’a impeachment , the House’s Minority Leader ,Emma Okoduwa, said that the action of the APC lawmakers negated the constitutional provision that has to do with the impeachment of a deputy speaker. “If APC lawmakers want to have deputy speaker for the APC caucus that is not for Edo State House of Assembly. The deputy speaker can only be impeached by the two third majority of the House. The APC lawmakers are just 15 and that cannot be said to be two third majority in accordance to the constitutional provision,” he said. The decision of the lawmakers to relocate to Edo State Government House was occasioned by a motion of urgent public importance moved by their Majority Leader, Philip Shaibu. Shaibu who contended that the House was relocating temporarily to Government House for legislative business noted that there was ongoing renovation at the House. He said the House’s facilities were vandalized by the former deputy speaker and eight other lawmakers. The 15 APC lawmakers commenced sitting at about 11:10am yesterday. Following Ebea’s impeachment, Speaker Igbe explained that “we are covered by section 92 sub section 2D of the 1999 Constitution as amended and on our House rules order 72, 1A which gives us the privileges to do what we have just done”. In a matter of urgent public importance, Shaibu disclosed that the speaker had on Tuesday visited the Assembly complex on Ring road and it was agreed that renovation work should commence saying that it was the reason why the House decided to relocate temporarily to the old chambers which was used in 1992. The House after considering some pending reports such as the State Government yearly accounts, adjourned till Monday July 7, 2014.
Posted on: Wed, 02 Jul 2014 23:40:01 +0000
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