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Nyako Moves To Outwit Adamawa Assembly by ochejoseph(m): 7:14am On Jul 07, 2014
Apparently reacting to
the impeachment crisis
currently rocking
Adamawa State, the
state government has
declared Monday and
Tuesday work-free days.
In a statement made via
SMS by the director of
press, Mallam Ahmad
Sajoh, the state
government said it
deemed it fit to make
the declaration of the
two working days work-free to afford the people of
the state the chance to reflect on the current
happenings in the country and to use the period to
offer special prayers for peace in the country.
“His Excellency Governor Murtala Nyako has
approved Monday 7th and Tuesday 8th July as work-
free days in Adamawa State. This is to enable the
people to reflect on the current happenings in the
country and to use the period to offer special
prayers for peace in the state and the country.
“The period is to also allow Adamawa workers
reflect on their current challenges. It is also a
thanksgiving period for citizens to appreciate God’s
protection despite all the challenges,” the statement
noted.
The declaration of work-free days was a shrewd
political calculation by Governor Nyako’s camp to
prevent the acting chief judge of the state, Justice
Ambrose Mammadi, from inaugurating the seven-
man panel he had earlier constituted on Monday.
Since his tenure will expire tomorrow, it means that
by the time the two-day holidays expire, the tenure
of the acting chief judge will elapse.
Mammadi was inaugurated as the acting CJ for
Adamawa State on April 8 by Nyako. Since he was
appointed on acting capacity for three months,
Mammadi’s tenure ends tomorrow.
But a constitutional lawyer in the state, Mr Joshua
Sunday Wugira, said the decision of the state
government would not affect the constitution of the
investigative panel as the extension of the tenure of
the acting CJ was the exclusive reserve of the
National Judicial Council (NCJ). With the prevailing
situation in Adamawa, he said, he believed the NJC
would take the appropriate action.
Wugira further said that the governor has no right to
interfere with the tenure of an acting CJ when it
expires, adding that the issue has become the
exclusive right of the NJC to decide whether to
extend the tenure of the acting CJ or not.
He faulted the declaration of work-free days by the
government, saying he read mischief behind it as
nothing serious happened in the state to warrant the
impromptu holiday. “You can’t just declare public
holiday as nothing serious happened to warrant its
declaration. It could be declared a nullity,” he said.
When asked to comment on whether someone other
than the CJ can inaugurate the panel in the absence
of the acting CJ who constituted it, Wugira said the
inauguration can be done by any high court judge or
any notary public.
Similarly, the state secretary of the PDP who is also a
lawyer, Mr A.T. Shehu, noted that section 188,
subsection 1- 10, of the constitution provides that
once the committee has been set up, any high court
judge or notary public can inaugurate it. He noted
that they were not perturbed by the antics of the
government.
The confusion was sparked by the war of words
between Governor Nyako’s camp and the PDP’s
camp. Nyako’s camp insisted that the acting CJ has
no constitutional right to inaugurate the
investigative panel while the PDP camp contended
that the constitution permits someone other than
the acting CJ to inaugurate the committee.
But the public relations officer of the APC, Mr
Phineas Padio, said that the acting CJ had adopted
double standard by the way he has been acting. He
said it was surprising for the same acting CJ who
told the lawmakers that their action was against the
law to turn around after a few days to give a
counter-ruling.
Padio added that, from the information available to
them, the acting CJ has been hijacked by the military
who asked him to constitute the investigative panel
under duress.
Already, Nyako’s camp has made known its
intention to challenge the inauguration of the seven-
man panel going by the court’s rejection of the
assembly’s substituted charges.
Speaking to LEADERSHIP on the matter, the director,
press and public affairs, Government House, Yola,
Mr Ahmad Sajoh, said, “We’ll challenge the setting
up of the panel on the grounds that the same judge
that gave a judgement in the day time took an action
contrary to the judgement in the evening. We are
looking at the issue from the legal point of view.
“The same acting chief judge gave an order that
there should be stay of action and then the House
passed a resolution superseding his order; he cannot
again take the resolution of the House and act on it.
Our lawyers are working on the legal interpretation
of the action and they will go to court.”
Count us out – military
The military authorities yesterday denied any
involvement in the ongoing process toward
impeaching Governor Nyako, especialy the alleged
taking over of the residence of the acting chief judge
of Adamawa State.
According to reports, some soldiers have taken over
the residence of the acting CJ, Ambrose Mammadi,
with a view to intimidating him to facilitate the plot
to impeach Governor Nyako and his deputy, Bala
Ngillari.
Last week, the acting CJ made the list of the seven-
man committee to investigate the governor and his
deputy.
However, findings show that there was never a
directive from the military authorities asking any
soldier to take such a step. But a top military officer
accused politicians of trying to blackmail the
military over the impeachment matter which he
described as “a purely political matter”.
Neither the director of information, Defence
Headquarters, Major General Chris Olukolade, nor
the spokesman for the army, Brigadier General
Olajide Laleye, agreed there was such a directive
emanating from Abuja.
Speaking in a telephone chat, Major General
Olukolade said, “We are still investigating the story,
but let me tell you that I am not aware of any
directive from the DHQ asking soldiers to do so. As
soon as we get to the root of the matter, I will get
back to you.”
That was the same position of Brigadier Laleye who
simply said, “We will investigate the matter.”
But speaking under a condition of anonymity, a top
military officer cautioned the politicians against
bringing in the military into a purely political
matter.
“I read the story but if you looked at the whole story,
it was sponsored by some politicians who always
like drawing the military into a purely political
matter. The military has no business in the
impeachment process; the position of the
constitution is unambiguous about it. Tell those who
want to involve the military to stop their unpatriotic
agenda; it is not good for the military and the
country. If the story is true, any soldier involved
would face the consequence because it is purely a
political matter,” he said.
The constitution is silent on inauguration –
lawyers
Some lawyers yesterday expressed their view on the
appointment of a seven-man panel set up by the
chief judge of the state to investigate an allegation of
corruption against Governor Nyako.
Some have argued that the CJ needed to inaugurate
the committee before it can commence
investigation.
But some have said that section 188 of the 1999
Constitution (as amended) is silent on inauguration.
Malam Abubakar Malami, a senior advocate, said
the constitution only talks about appoinment and
says nothing about inauguration.
“I think the CJ has acted according to the law,”
Malami said.
Another senior advocate, Chief Awa Kalu, agreed
with the argument of Malami but said that an
inauguration will not be out of place as their terms
of reference would be spelt out to them.
“The constitution does not talk about inauguration
but inaugurating the panel will not be out of place
since they have terms of reference they will work
with,” Kalu said.
The chief justice had constituted a seven-man panel
on Friday to investigate allegations of gross
misconduct brought against the governor and his
deputy by the state House of Assembly.
Controversy over soldiers’ presence at CJ’s
residence
Controversy has continued to trail the alleged
occupation of the house of the acting chief judge of
the state, Justice Ambrose Mammadi.
The incident has led to tension in the state as
opposing camps continue to throw brickbats against
each other.
The public relations officer of the APC, Mr Phineas
Padio, has condemned the action of the soldiers,
saying that it was the height of impunity. He added
that they learnt that the acting CJ was even coerced
to constitute the investigative panel at gunpoint.
The development, he said, is a big minus for
democracy as anti-democratic forces seem hell-bent
on ousting a legitimate government through the use
of force.
While corroborating the position of Padio, a source
close to the acting CJ who did not want to be quoted
said the acting CJ had been under intense pressure
from the authorities since the impeachment
process commenced. He has been under the
surveillance of soldiers since then, he said.
Security sources told LEADERSHIP in confidence
that the deployment of soldiers to keep tabs on the
acting CJ was to ensure the security of his life as any
of the contending sides who felt threatened by his
actions might try to harm him.
But, when contacted, the army public relations
officer of the 23rd Brigade Command, Captain Nuhu
Jafaru, said he knew nothing about soldiers being
deployed to guard the acting CJ’s house.
Mercenaries were smuggled into the state to kill
or kidnap our members – speaker
The speaker, Adamawa State House of Assembly,
Hon. Ahmadu Umaru Fintiri, has raised the alarm
over the smuggling of merceneries whose job was to
either kidnap or kill members of the state House of
Assembly following the impeachment move against
Governor Nyako and his deputy.
The speaker made the position known through his
chief press secretary, Mr Solomon Kumanga,
yesterday in Yola.
Kumangar said followng threats against members of
the House of Assembly, each member was attached a
security detail to ensure the safety of his life.
“Some people who are not happy with what is going
on in the state have brought in mercenaries to either
kill or abduct our members; as such, each member
was attached a security detail to safeguard him.
“We have it on good authority that those
mercenaries have been given the photographs of all
our members for them to carry out their nefarious
activities.”
Kumanga also said the House was not aware of the holiday declared by the government and will go about its activities unperturbed . www.leadership.ng/news/377060/nyako-moves-outwit-adamawa-assembly
Re: Nyako Moves To Outwit Adamawa Assembly by OmoLisabi(m): 8:24am On Jul 07, 2014
Omo this Nyako na calculating Politician

(1) (Reply)

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