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Thursday, July 3, 2014

Going-Going! Adamawa Assembly fast tracks Nyako, Ngilari impeachments bid


Nyako

It was another devastating blow for embattled Murtala Nyako and his deputy as the impeachment process initiated by aggrieved lawmakers revved faster on Wednesday with the state House of Assembly of Adamawa State asking the Acting Chief Judge of the State, Justice Ambrose Mammadi, to constitute a Seven- Man investigative panel to probe the allegations against Governor Nyako and his deputy, Mr. Bala James Ngilari. The Acting CJ was given seven days to constitute the panel.
The directive followed two documents signed and verified by the Speaker, and the 20 out of the 25 lawmakers that resolved that Nyako and Ngilari be investigated by the panel to be constituted by the Chief Judge of Adamawa State with immediate effect.

The proceedings of Rationalising its action, the legislature said it relied on section 188, sub-sections 3 and 4 of the 1999 Constitution as amended.
It also said it met the two-thirds majority as required by the Constitution; saying 20 out of the 25 lawmakers in the Assembly signed their signatures for  the governor and his deputy to be investigated.
Speaker of the House, Hon. Umaru Fintiri, during plenary, called on each member one after the other publicly to confirm that the signatures collected to oust Nyako and his deputy were theirs so as to dispel allegations that some members had withdrawn from the impeachment moves and the 20 lawmakers including the speaker openly agreed before the public that the signatures are theirs and that they are determined to continue the impeachment moves.
The Speaker also said that the decision was taken for failure of Nyako and Ngilari to defend themselves of all the charges leveled against them by the Assembly, adding that all constitutional process at their disposal have been done to that effect.
Fintiri explained that among other things, that by law 2/3 of the lawmakers have signed that the two principal executive  officers be investigated by the panel to be constituted by the acting Chief Judge of Adamawa State.
The  panel is  expected to be held in public and shall be conducted from the hours of 9am to 5pm each day of the seven days.

During the sitting the house also adopted The Panel of Investigation Rules of Procedure of Adamawa State,which it 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 provisions of the Evidence Act,2009″
“The evidence adduced before the panel 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;
*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 conclusion of evidence relating to every allegation make its findings separately in respect of each allegation” states precedures.”
However the Defence Counsel to Governor Murtala Nyako,  Mr. Ayo Akam, who held brief for Kanu Aganbi, ( SAN), at a Yola High Court sitting, described the action of the Adamawa House of Assembly  as a contempt of court as the court had already restrained the house from carrying on the impeachment process.
The  High Court in Yola  presided over by the acting Chief Judge of Adamawa State, Justice Ambrose Mamadi, had last week stopped the Assembly from going ahead with the impeachment moves until the matter is determine by the court.

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