Nyako ‘dodges’ impeachment notice

Governor Murtala Nyako of Adamawa State has left Yola for Abuja in order to avoid being served a notice of impeachment, TheCable has been informed.

The house of assembly, which is made up wholly of members of the Peoples Democratic Party (PDP), had on Wednesday asked the assembly clerk to serve the impeachment notices on Nyako and his deputy, Bala Ngilari, who both defected from the PDP to the All Progressives Congress (APC) last year.

However, on getting wind of the move against him, Nyako immediately made to leave the state so that he would not be served the notice, according to a state house official who spoke with TheCable.

In what could be seen as a demonstration of “federal might”, the Yola airport was immediately closed down ─ making it impossible for him to board a chartered flight out of town.

State officials told TheCable that Nyako and his entourage decided to leave the state by road for Gombe, from where they were expected to fly to  Abuja.

The state liaison officer in Abuja has been instructed not to receive the notice, sources told TheCable.

If Nyako and Ngilari are eventually impeached, the speaker, Ahmadu Umar Sintiri, will take over.

Impeachment processes

Under section 188 of the 1999 constitution of the Federal Republic of Nigeria, outlined here are the processes for the removal of the governor or the deputy.

Step 1: A notice of any allegation in writing is signed by not less than one-third of the members of the house of assembly stating that the holder of such office is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified. Gross misconduct is whatever is so described “in the opinion of the house”.

Step 2: The speaker of the house of assembly shall, within seven days of the receipt of the notice, cause a copy of the notice to be served on the holder of the office and on each member of the house of assembly, and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the house of assembly.

Step 3: Within 14 days of the presentation of the notice to the speaker of the house of assembly (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice), the house of assembly shall resolve by motion, without any debate, whether or not the allegation shall be investigated. A motion of the house of assembly that the allegation be investigated shall not be declared as having been passed unless it is supported by the votes of not less than two-thirds majority of all the members of the house of assembly.

Step 4: Within seven days of the passing of the motion, the chief judge of the state shall, at the request of the speaker of the house of assembly, appoint a panel of seven persons to investigate the allegation.

Step 5: The holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person or be represented before the panel by a legal practitioner of his own choice.

Step 6: A panel appointed under this section shall within three months of its appointment report its findings to the house of assembly.

Step 7: Where the panel reports to the house of assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter BUT where the report of the panel is that the allegation against the holder of the office has been proved, then within 14 days of the receipt of the report, the house of assembly shall consider the report, and if by a resolution of the house of assembly supported by not less than two-thirds majority of all its members, the report of the panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.