The impeachment of Governor Murtala Nyako of Adamawa State by the legislature for alleged gross misconduct and mal-administration on Tuesday 15th July, 2014 and the emergence of the House Speaker, Umaru Ahmadu Fintiri as the Acting Governor is the topic of discourse in the political arena in the state and the country at large. Our correspondent in Yola, Umar Dankano x-rays the impeachment procedures including the Buba Kaigama investigation panel report and the reaction of some legal experts on the ‘palace coup’. Many observers of the episode which can simply be described as a show of shame and absolute betrayal expressed disappointment over the manner with which the whole development believed to be influenced by the presidency, was executed. Firstly, the impeachment notice was not personally served to the former Governor (Nyako) and his deputy as provided by the country’s constitution. Development analysts suggest that it was a serious setback to the intended mission especially if the process is to be followed strictly. Barrister Sunday Wugira argued that the substituted service used or applied by the House of Assembly in serving the former Governor Nyako and his former deputy Bala Ngillari is a flaw because the constitution spelt out categorically that, a person should be served in person or physically. Wugira faulted the Assembly, who were the complainants for disrespecting the court ruling by the former State Acting Chief Judge, Justice Ambrose Mammadi of state High Court who ruled that, impeachment service cannot be effected through the media either print or electronic. Another constitutional lawyer, Umaru Bobboi said the Assembly has erred by using newspapers and the Nigerian Television Authority, NTA, to channels the notice to the former Governor Nyako and his deputy, adding that their action is illegal and a contempt of the court of law. Bobboi stated that if people are really interested in peace, harmony and tranquility, then they should be respecters of rules and regulations or could invite anarchy. Secondly, many pundits have queried the composition of the seven man panel led by Mallam Buba Kaigama, as they were alleged to have been constituted by the complainant (the House of Assembly) with “orders from above” directing the Chief Judge, Ambrose Mammadi to constitute the controversial panel allegedly under duress. This perception was buoyed by the fact that his residence was curiously manned by armed soldiers when our correspondent visited the house at Masakare Quarters Karewa, Jimeta-Yola. After the serious challenge of securing venue for hearing because they were rejected in five places viz; the J&J holiday villa Hotel, Nigeria Labour Congress (NLC), Nigeria Union of Teachers (NUT), Nigeria Union of Journalists (NUJ), Medical and Health Workers Union of Nigeria (MHWUN) in the state, it finally secured the conference hall of the federal secretariat Jimeta-Yola where it held the two days sittings. On Friday 11th July 2014; the Kaigama led probe panel opened it’s so called official public hearing at the new venue, conference hall federal secretariat Yola where chairman, (Buba Kaigama) apologized for the delay in taking up a week after their acclaimed constitution as 7 man panel to investigate allegations of gross misconduct against the ousted Governor Nyako and his deputy, Ngilari. As the presiding officer of the panel, Kaigama pledged tobe fair and just to all the parties involved in their assignment adding that their appointments was a call to contribute their quota to the development of democracy and Adamawa State. Our correspondent observed that, the venue had only Journalists, armed security operatives and the counsels representing the complainant, House of Assembly led by Duro Ajeleye (SAN) as the sole witness, Hon. Wafarninyi was being cross examined by the Assembly’s legal team while the panel members watched attentively. During the cross examination, the witness’s legal representative tendered 24 evidences mostly documents to proof their allegations against the duo (Nyako/Ngilari) which were admitted by the panel as exhibits registering them with numbers and alphabets for easy identification. The deputy speaker, Hon. Kwamati Laori was at the gallery watching the proceedings too. After all the cross examinations, the panel announced publically that since the respondents did not show up, it deemed it fit to adjourn sitting till the next day. Saturday 12th July 2014 was the second and final day of the sittings which saw the chairman and members of the panel cross-examining the sole witness, the chairman House committee on public Accounts. After spending couple of hours waiting for Governor Nyako and his deputy to make appearance which they didn’t nor represented by their attorneys, the chairman of the panel (Kaigama) announced the closure of “ public hearing for the committee to go and study the evidences and allegations against Nyako and Ngilari for our finding,” Just a day after, specifically on Monday 14th July 2014 at exactly 2: 30 pm, a Toyota 18 seater Hiace bus without a plate number zoomed into the premises of the Adamawa state Assembly conveying the 7 man panel who walked into the speaker’s office under watertight security where Kaigama told the speaker, Hon. Umaru Ahmadu Fintiri flanked by his deputy, Hon. Kwamati Loari, that the panel had concluded its assignment summarized in eight (8) volume, four each for Governor Nyako and Barrister Ngilari respectively. Kaigama said the volume included the letter of appointment of panel’s members, oath of office, proceeding of the panel, exhibits tendered, report of the panel on each of the allegations and a letter of their findings. Receiving the report, the speaker, Umaru Fintiri congratulated the panel for a job well done and promised to study the report keenly for justice to be done in the interest of democracy and the people of Adamawa state. Political watchers faulted the hasty nature of the impeachment exercise stressing that, the episode connotes collusion because it is inconceivable worldwide for a panel to finish this onerous task in only three days including public sittings, investigation and submission of report. Tuesday 15th July 2014, the House secretly summoned an emergency sitting but luckily it leaked to the press and before long, the house of Assembly was jam-packed with heavily armed and strange security operatives including military, anti riot police, mobile police as if they had gotten hint of the most wanted Boko Haram leader, Abubakar Shekau in that building. When the presswere allowed into the house chambers after rigorous screening, the 17 lawmakers led by Speaker Umaru Fintiri deliberated on the Kaigama led panel report within an hour. In that session, the Speaker read a letter of resignation from the former deputy Governor, Barrister Bala Ngilari which the members present accepted in chorus. Thereafter, the main issues surrounding former Governor Nyako was expressly debated where Hon. Jerry Kumdisi moved a motion for adoption of the panel’s report and seconded by the deputy speaker, Hon. Kwamati Loari. Finally, the new helmsman, Umaru Fintiri declared that after being convinced by the investigative panel’s report of allegations of gross misconduct proved with the evidences tendered before it, former Gov. Nyako was removed as the executive Governor of Adamawa State. The House swiftly resolved through a motion by Hon. Kwamati Loari citing section 191 (1) of the 1999 constitution (as amended) directing the state Acting Chief Judge to swear in the speaker as the acting Governor of the State which was complied with by 5 pm same day. For Barrister Usman Abdullahi, the development can best be described as an exercise in futility because it is illegal, unconstitutional and fallacious in nature. He added that it is a scenario where a person is a judge in his own case saying the principles of natural justice has been violated. “In legal parlance, this is best described in a maxim NEMO JUDE INCASASUA” meaning no one shall be a judge in his own case”. Abdullahi expressed dismay over the development explaining that the drama at the House of Assembly has exposed the level of desperation by the powers that be, showcasing high sense of impunity, dictatorship and total disregard to the laws of the land.
Posted on: Sat, 19 Jul 2014 16:14:17 +0000
Trending Topics
Recently Viewed Topics
© 2015