Daji Sani, Onyebuchi Ezigbo   and Femi Durojaiye  
 
After weeks of tension and intense political intrigues, the Adamawa State House of Assembly yesterday impeached Governor Murtala Nyako, following his indictment by the seven-man investigative panel which probed the former governor over a 16-count charge bordering on gross misconduct and financial mismanagement.

But hours before the legislators’ hammer fell on Nyako, his deputy, Mr. Bala James Ngillari, had allegedly rushed in a resignation letter, announcing that he was quitting office, apparently to pre-empt the pending impeachment. His said resignation letter was read on the floor of the House by the Speaker of the House of Assembly,  Hon. Ahmadu Umaru Fintiri, and was accepted by the members.

Following the resignation of Ngillari,  the Speaker of the state House of Assembly, Hon. Umar Fintiri,  was yesterday sworn in as the acting governor of the state by the supposed former acting Chief Judge (CJ) of the state, Justice Ambrose Mammali.

Mammali’s tenure as acting CJ of the state had elapsed on June 8.
That thus raises the question whether he had the authority to properly swear in Fintiri as the acting governor of the state.

But THISDAY gathered that his name had been sent to the House of Assembly for confirmation before the impeachment saga commenced.

It was further gathered that as soon as his tenure elapsed, the Nigerian Judicial Commission (NJC) confirmed him as the CJ of the state. But this had not received the endorsement of Governor Nyako, the final authority in the appointment of a state’s CJ, before he was impeached yesterday.

But aside the legitimacy issue of the acting Chief Judge, is the controversy surrounding the purported resignation of Ngillari.

In a statement issued from the office of the Deupty Governor, Ngillari noted that he had not resigned and disowned the letter said to have been read on the floor of the House stressing that “Barrister Bala James Ngillari  is still the Deputy Governor of Adamawa State”. The statement reads:

"Our attention has been drawn to the purported resignation of the Deputy Governor of Adamawa State Barr Bala James Ngillari which was supposedly read on the floor of the State House of Assembly. We wish to state categorically that Section 306 (5) of the Constitution of the Federal Republic of Nigeria 1999 as Amended requires that the Deputy Governor resigns not to the House of Assembly but to the Governor.  As at the time the supposed resignation was said to have been tendered in the House, Murtala H. Nyako was the Governor of Adamawa State. No such letter was written to him, none was received by him and none was approved by him. It should therefore be known that in the eyes of the Law that the Deputy Governor has not resigned.

"Barr Bala James Ngillari is still the Deputy Governor of Adamawa State. This clarification is necessary to avert another subversion of the Constitution since the other processes relating to the impeachment saga have all been in contravention of the Constitution and the Law.

We wish to observe that continued abuse of the constitution and the laws of the land may spell doom for our democracy."

While Nyako was slammed with a 16-count charge of gross misconduct and financial enrichment, his deputy, Ngillari, was facing a six-count charge of gross misconduct.

Neither Nyako nor Ngillari appeared before the seven-man investigative panel set up by the House to probe the charges against them.

The House had on June 18, 2014 commenced impeachment moves against the former governor and his deputy having accused the duo of  gross misconduct and misappropriation of state resources.

In deference to the constitutionally-prescribed procedures for impeachment,  the Assembly resolved and directed that a seven-man investigative panel be constituted by the former acting CJ, Justice Mammali.

Last ditch efforts by political stakeholders in the state to stave off the impeachment failed, as it was considered too late.

Although some had believed the interventions would offer Nyako some reprieve, the lawmakers' action yesterday confirmed that they were determined to pull through with the impeachment plans.

Presiding at yesterday’s plenary which was attended by 18 lawmakers including the speaker, out of the 25 in the house,  Fintiri quoted section 188 subsection 9 which he said allowed the lawmakers to preside within 14 days over the report submitted by the seven-man committee constituted by the former acting CJ of the state, Mammali, to probe Nyako and his deputy.

Moving a motion for the adoption of the committee’s report, the member representing Gombi Constituency, Jerry Kundisi, said since the house had met the constitutional requirement of two-thirds majority, the speaker should  go ahead to adopt the committee’s report for debate.

The speaker, who quoted section 188 of the 1999 constitution as amended,  said the House was empowered by the constitution to order the constitution of a seven-man panel to investigate gross misconduct against the governor and if found culpable the office should be declared vacant.

The speaker noted that the House had preferred a 20-count charge against Nyako out of which four were dropped for lack of evidence, while 16 charges were proven by the panel in its report submitted to the state House of Assembly.

He said some of the allegations proved by the panel included outstanding salaries of the state’s civil servants to the tune of N2.3billion for the months of September and October 2012; the siphoning of N8billion and N4billion through the office of the SSG between 2012 and 2013; the siphoning of N142million as illegal deductions from the salaries of workers in the state, and the overbearing strangulation of the local government funds among others.

The speaker noted that all the 16 charges of gross misconduct against Nyako were proven beyond reasonable doubt by the panel in its report and as such, the governor has been found guilty of all the allegations.

After the speaker  concluded his submission, a member representing Gombi constituency Jerry Kundisi moved the motion for the impeachment of Nyako having been indicted by the panel’s report and was seconded by the member representing Numan, Hon. Kwamoti Laori.

The speaker therefore declared that Nyako stands removed from office, and declared the office of the governor vacant.

“By the provision of section 188 sub section 9 of the 1999 constitution as amended I declare the governor of Adamawa State Murtala Hamman Yero Nyako GCON removed from office.

“We have the required two-thirds of our members in support of the removal of Governor Nyako from office and before me are  signatures of  18 members of which I am part,” he said.

However, the state assembly resolved that since the deputy governor Ngillari had resigned and Nyako has been impeached, the former acting CJ of Adamawa or President of Customary Court of the state should swear in the speaker as the acting governor of the state and to allow him to conduct election within 90 days for the next government to be formed.

While responding to the impeachment of the governor, the leader of the Adamawa Peoples Democratic Party (PDP) elders Dr. Umar Ardo, applauded the lawmakers for the removal of the governor, saying they have done a good job.
He added that despite the grumblings in town, the impeachment process was carried out in a fair, just and constitutional manner, saying the process is legitimate and the governor stands removed.

According to him, "The deputy came belatedly but since he is one of us we have considered his resignation".

Nyako to Challenge Impeachment in Court
On his part, the Director of Press and Public Affairs to Nyako, Mallam Ahmad Sajoh, faulted the whole process leading to the impeachment of the governor, saying what happened was similar to a military coup in a democratic setting, adding that they would challenge the impunity at the law courts.


He said Nyako was not disturbed by the development as he believes that only God gives power to who he wants and takes it at the time he wants, adding that they have completely resigned their fate to the will of God.

Atiku Cautions PDP against Power Flaunt
Former Vice-President Atiku Abubakar and a major political leader in Adamawa State has warned against the excessive use of power by the PDP-led federal government, a tendency, which he said is not good for decent democratic practice.

Atiku, who was reacting to the impeachment of Nyako, said in a statement issued by his media office in Abuja yesterday that wielding the axe of impeachment against elected public office holders to settle scores by the PDP-led federal government would needlessly build up tension in the country.

The former Vice-president said the reckless use of impeachment to settle scores could not have been the intention of the framers of the 1999 Constitution.
He said the frequency with which elective officials were being shot down by impeachment would destroy the purpose of inserting the impeachment clause in the constitution.

He regretted that the use of impeachment to harass and humiliate perceived opponents by the PDP-led federal government would ultimately bastardise the spirit in which the constitution provides for the impeachment clause.

The former Vice-president admonished the PDP-led federal government to take it easy in the way it uses power, adding that the constitution was not meant to provide armour to anybody to harass and humiliate opponents or force them out of office.
He criticised the use of financial inducements to influence the removal of perceived opponents from office. According to him, triumphalism in the suppression of opponents is a bad omen for democracy.

Lagos Assembly Flays Nyako’s Impeachment
In the same vein, the Chairman, House Committee on Information and Strategy of the Lagos State House of Assembly representing Epe Constituency II, Hon. Segun Olulade, who spoke on behalf of the state’s legislature, yesterday condemned the Goodluck Jonathan-led PDP government for continually raping democracy and justice in the country following the impeachment of Nyako.

Olulade condemned in strong terms the brand of politics being played by President Jonathan, stressing that the president does not understand the fundamental behaviour of power and that has largely affected his brand of power play.

He noted that the sponsored removal of Nyako is another pointer to the fact that Jonathan is responsible for all brands of ‘polio-riddled political game play’ around power. "It is funny that Mr President was giving Nyako a condition to join PDP or lose his job", he said.

Olulade said: “The removal of Murtala Nyako is unfortunate and clear indication that the federal government is bent on destroying political opponents to pave way for his re-emergence even when it has become obvious that the people are tired and wary of his administration.

"If the trend continues like this, I doubt if a free electoral atmosphere can be present in the country. The Presidency has taken the impeachment antics to Nasarawa whereby the governor of the state is also being threatened with impeachment.

"Murtala Nyako is loved by his people but the political militants are bent on strangulating the people's wishes and installing political inordinate like the Speaker of Adamawa State House of Assembly who will be taking up governorship seat against the wishes of Adamawa people”.

“I don’t think all of us must join PDP before Nigeria can stand as a country", he said, adding that during the tenure of late President Umaru Musa Yar’Adua, competent Nigerians were appointed as ministers, "but what you see today is that no one can be appointed to serve his country if he would not join PDP no matter how competent. This is awkward and devastating".

Olulade said he was sure that the dishonest decision of the House would be challenged legally, adding that "I salute Murtala Nyako for standing resolutely as a progressive in spite of the threat to his legitimate position given to him by God and the good people of Adamawa in the first place, and for refusing to dance to ‘Jonathanian’ song of joining the PDP as condition for retaining his seat as governor".

He reiterated that what Nyako had shown to the world was that he believes in the right cause and not desperate to continue to sit as a governor against right conscience, truth and justice. He has refused to be a PDP member despite all threats and coercion”, Olulade added

http://www.thisdaylive.com/articles/comedy-of-errors-as-nyako-is-impeached-deputy-said-to-resign/183744/

...too long!

Political comics

Noneroone: ...too long!

In summary;

Nyako has actually played a fast one on the PDP, the deputy governor's resignation to the house of assembly instead of resigning to the governor was a boo.by trap they foolishly fell into.

The swearing in of the speaker will be declared null and void!!

torkaka:
In summary;
Nyako has actually played a fast one on the PDP, the deputy governor's resignation to the house of assembly instead of resigning to the governor was a booby trap they foolishly fell into.
The swearing in of the speaker will be declared null and void!!

GBAM.

. When coni man die, na coni man supose bury am!! Leggo!

Nigeria na wah. Old men being controlled as if they are little babies.
The Adamawa house of assembly members are currently in a remote control mode and I wonder what was given to them to keep them in this state.

if Nyanko was removed because he diverted and siphoned govt money, why has he not been arrested after the impeachment? maybe, diverting and siphoning public fund is not a criminal offence in Nigeria.

Huhuhuhuhuhu. I laugh in sambisa dialet.
I bet u APC guyz were shocked to ur marrow about Nayko's removal. Let them meet in d court to sort it out pronto.

"Our attention has been drawn to the purported resignation of the Deputy Governor of Adamawa State Barr Bala James Ngillari which was supposedly read on the floor of the State House of Assembly. We wish to state categorically that Section 306 (5) of the Constitution of the Federal Republic of Nigeria 1999 as Amended requires that the Deputy Governor resigns not to the House of Assembly but to the Governor. As at the time the supposed resignation was said to have been tendered in the House, Murtala H. Nyako was the Governor of Adamawa State. No such letter was written to him, none was received by him and none was approved by him. It should therefore be known that in the eyes of the Law that the Deputy Governor has not resigned.

If the Governor was to resign, who would he send his letter of resignation to if not the House of Assembly? The Deputy Governor is not an appointee of the Governor but a joint elected member of the executive. The Constitution did not give the Governor the power to remove or approve the resignation of the Deputy but the House has such power and had just exercised it...!!!

LOL. What does it matter? Nyako is gone for good and APC along with him. The rest is just technicalities that will be sorted out in-house by the PDP.

The speaker has already been sworn in and is now olding forth.The Ex-deputy Governor may however chose to go to court but I assure you before the case closes,the remaining tenure will be over or the HOA might just go ahead to impeach him as well

CharlesPhc: "Our attention has been drawn to the purported resignation of the Deputy Governor of Adamawa State Barr Bala James Ngillari which was supposedly read on the floor of the State House of Assembly. We wish to state categorically that Section 306 (5) of the Constitution of the Federal Republic of Nigeria 1999 as Amended requires that the Deputy Governor resigns not to the House of Assembly but to the Governor. As at the time the supposed resignation was said to have been tendered in the House, Murtala H. Nyako was the Governor of Adamawa State. No such letter was written to him, none was received by him and none was approved by him. It should therefore be known that in the eyes of the Law that the Deputy Governor has not resigned.

If the Governor was to resign, who would he send his letter of resignation to if not the House of Assembly? The Deputy Governor is not an appointee of the Governor but a joint elected member of the executive. The Constitution did not give the Governor the power to remove or approve the resignation of the Deputy but the House has such power and had just exercised it...!!!

Read your constitution properly before spewing rubbish!

Section 306 (5) states that " the notice of resignation of the governor and deputy governor of a state shall respectively be addressed to the speaker of the house of assembly and the governor of the state"

What this simply means is; whereas the governor resigns to the house of assembly, the deputy resigns to the governor!

torkaka:

Read your constitution properly before spewing rubbish!

Section 306 (5) states that " the notice of resignation of the governor and deputy governor of a state shall respectively be addressed to the speaker of the house of assembly and the governor of the state"

What this simply means is; whereas the governor resigns to the house of assembly, the deputy resigns to the governor!

Some people are ignorant. Just leave Jonathanians to there foolishness

Long story, Nyako has been impeached.







Deal with it.

seanet02: Some people are ignorant. Just leave Jonathanians to there foolishness

torkaka:
Read your constitution properly before spewing rubbish!
Section 306 (5) states that " the notice of resignation of the governor and deputy governor of a state shall respectively be addressed to the speaker of the house of assembly and the governor of the state"
What this simply means is; whereas the governor resigns to the house of assembly, the deputy resigns to the governor!

torkaka:
Read your constitution properly before spewing rubbish!
Section 306 (5) states that " the notice of resignation of the governor and deputy governor of a state shall respectively be addressed to the speaker of the house of assembly and the governor of the state"
What this simply means is; whereas the governor resigns to the house of assembly, the deputy resigns to the governor!

It means that the notice of resignation of both the governor and deputy governors should be addressed to the office of the Speaker of the House and the Governor of the State. The deputy sends to both the governor and the speaker.

Iolo:

It means that the notice of resignation of both the governor and deputy governors should be addressed to the office of the Speaker of the House and the Governor of the State. The deputy sends to both the governor and the speaker.

nah...do you not know what is 'Respectively'?

torkaka:
Read your constitution properly before spewing rubbish!
Section 306 (5) states that " the notice of resignation of the governor and deputy governor of a state shall respectively be addressed to the speaker of the house of assembly and the governor of the state"
What this simply means is; whereas the governor resigns to the house of assembly, the deputy resigns to the governor!

The Notice of Resignation from the Deputy Governor can be addressed to the Governor where there is no impeachment proceeding against the Governor. As in the case of Adamawa, an impeachment proceedings has been ignited against the duo. The process of impeachment against a governor is such that automatically makes the office of the governor in a supposed 'state of coma'. Until that process is aborted or concluded, the House takes charge.

CharlesPhc:

The Notice of Resignation from the Deputy Governor can be addressed to the Governor where there is no impeachment proceeding against the Governor. As in the case of Adamawa, an impeachment proceedings has been ignited against the duo. The process of impeachment against a governor is such that automatically makes the office of the governor in a supposed 'state of coma'. Until that process is aborted or concluded, the House takes charge.

is what you just wrote in constitution? Or is it just your interpretation of the scenario that played out?

CharlesPhc:

The Notice of Resignation from the Deputy Governor can be addressed to the Governor where there is no impeachment proceeding against the Governor. As in the case of Adamawa, an impeachment proceedings has been ignited against the duo. The process of impeachment against a governor is such that automatically makes the office of the governor in a supposed 'state of coma'. Until that process is aborted or concluded, the House takes charge.

Further enlighten us please by quoting relevant sections of the constitution to back up these your suppositions .

Iolo:

It means that the notice of resignation of both the governor and deputy governors should be addressed to the office of the Speaker of the House and the Governor of the State. The deputy sends to both the governor and the speaker.

I'll assume you went to school and with that assupmtion, I beleieve you understand what "respectively" implies to a statement when talking about two individuals

CharlesPhc:

The Notice of Resignation from the Deputy Governor can be addressed to the Governor where there is no impeachment proceeding against the Governor. As in the case of Adamawa, an impeachment proceedings has been ignited against the duo. The process of impeachment against a governor is such that automatically makes the office of the governor in a supposed 'state of coma'. Until that process is aborted or concluded, the House takes charge.

Says what section of the constitution?

if he feels he is innocent, d courts are there ti help him

bt since one of d charges is enough to impeach, he may be fighting a lost battle

torkaka:

In summary;

Nyako has actually played a fast one on the PDP, the deputy governor's resignation to the house of assembly instead of resigning to the governor was a boo.by trap they foolishly fell into.

The swearing in of the speaker will be declared null and void!!

Why are you talking like this? This is pure naivety at play again. Have you forgotten that we are in Nigeria where 'an acknowledgement copy with the Governor's office official stamp' of the resignation letter received on behalf of the Governor can be produced in 5minutes....mschewwwww. Nyako/your line of argument is so immaterial.

Nyako needs to learn more about naija politics, the guy na learner.

Dis country don tyre me, I dey pack go Dubai

bokoslayer:

Why are you talking like this? This is pure naivety at play again. Have you forgotten that we are in Nigeria where 'an acknowledgement copy with the Governor's office official stamp' of the resignation letter received on behalf of the Governor can be produced in 5minutes....mschewwwww. Nyako/your line of argument is so immaterial.

Nyako needs to learn more about naija politics, the guy na learner.

Section 306(2) states; the resignation of any person from any office established by the constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it"

Now how do you get Nyako (who by the way has also come out to say he received no resignation from his deputy) to admit that he accepted the resignation or authorised somebody to accept it?

torkaka:

Section 306(2) states; the resignation of any person from any office established by the constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it"

Now how do you get Nyako (who by the way has also come out to say he received no resignation from his deputy) to admit that he accepted the resignation or authorised somebody to accept it?

Meanwhile...

Nctrice: Adamawa take to the streets! The swearing in of your Speaker is Null and Void!

Are you advocating/suggesting violence? Is the bloodletting not enough already in Nigeria?

torkaka:
Section 306(2) states; the resignation of any person from any office established by the constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it"
Now how do you get Nyako (who by the way has also come out to say he received no resignation from his deputy) to admit that he accepted the resignation or authorised somebody to accept it?

My bad...didn't read it well. This means that the Governor may decline to receive the letter or acknowledge receipt.

Gov Nyako is said to have been in Abuja as at when he was impeached yesterday. Which means he wasn't in the Government House and was even out of the state.

Wonder how all this would play out in court.