Posted by News Express | 11 February 2016 | 3,346 times
A five-man panel of Appeal Court judges presided over by Justice Jummai Sankey sitting in Yola has nullified the impeachment of former Governor of Adamawa State, Murtala Nyako.
In a judgement delivered by Justice Tunde Owoloye, the court set aside an earlier ruling of a lower court that upheld the impeachment. All the five judges unanimously ruled that the Adamawa State House of Assembly fragrantly abused tenets of law by infringing on the fundamental rights of Nyako by removing him from office illegally.
The Appeal Court maintained that Nyako was not served with an impeachment notice as stipulated by law before the legislators embarked on the impeachment process which they now termed as “wrong, sad, unfortunate and unconstitutional”.
The Appeal Court went further to frown at the manner in which the State Assembly went ahead with the impeachment process by serving Nyako through a substituted means which they say was wrong.
The judgment further described the proceeding that ousted Nyako as “a sham and a kangaroo sitting” that was stage managed and cannot be allowed to stand.
The judgement stated that it did not matter whether Nyako committed the alleged offenses but that since he was not given right to any fair hearing and having his fundamental human rights trampled upon, the assembly acted in affront to the rule of law and such an illegality cannot stand as legal.
The impeachment was therefore reversed to mean that Nyako remained the Governor of Adamawa State until the elapse of his tenure.
The judge, however, posited that the issue of tenure elongation for Nyako cannot stand as his term has elapsed.
Responding to the judgement, the Adamawa State Attorney General and Commissioner for Justice, Bala Sangha, described the judgement as an absurdity that can only empower a governor to evade being served notices of allegation.
He said that the legal counsel to the Adamawa State House of Assembly would appeal the matter. (Channels TV)
•Photo shows Murtala Nyako.
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