Adamawa Assembly directs state Chief Justice to investigate Nyako

Adamawa State House of Assembly yesterday proved its resolve to impeach Governor Murtala Nyako and his Deputy, James Ngilari, as it directed Acting Chief judge, Justice Ambrose Mamadi to constitute a seven-man panel to investigate allegations of “gross misconduct” levelled against the Governor and his Deputy, Mr James Ngilari.
The panel is expected to submit its report within
one week.
The Assembly’s resolution was sequel to two documents signed and verified by the Speaker,
Alhaji Umaru Ahmadu Fintiri, who is one of the 20
out of the 25-member state legislature, supporting the duo ousted.
The lawmakers, who had earlier signed the
impeachment notice, reiterated their resolve to
pursue the impeachment move to its logical
conclusion, even as they expressed support for
the Speaker’s action.
But the lawmakers may have gone against a subsisting court order, restraining them from going ahead with the planned impeachment,
pending the determination of a suit instituted by the governor.
They however, explained that their decision to ask
the CJ to constitute the panel was taken after both Nyako and his Deputy failed to defend themselves over the allegations of gross
misconduct.
During plenary, they adopted “The Panel of Investigation Rules of Procedure of Adamawa State”, which Fintiri said should include a
chairman, a secretary and five others.
“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 procedure also requires 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 stated that the panel may regulate the
time for giving of evidence or 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.
Reacting, the lead lawyer to Nyako, Mr Ayo Akam,
who held briefs for Kanu Aganbi at a Yola High
Court sitting, described the action of the Adamawa House of Assembly as a contempt of
court as the court.
“If they go ahead to pass a resolution to ask the
chief judge to constitute the seven-man panel,
that will be a violation of the court order,’’ he
said.
The counsel added that “We will consult our
clients on whether to enforce the order or let it
be.”