Appeal Court nullifies Nyako’s impeachment

From David Molomo, Yola

The Appeal  Court in Yola  yesterday,  nullified the impeachment of former governor Murtala Nyako of Adamawa state declared  that the act was characterised by impunity and recklessness.

While the court ordered that Nyako be accorded all rights of the office of the governor of Adamawa state throughout his legally recognized period in office, the  court struck out his appeal to be returned to office. The judges  declared  that his tenure as governor has elapsed

The impeachment was declared  to have  constituted a gross abuse of legislative powers.

The five-man judge headed  by Justice Hannatu Sankey wholly condemned the process in  its totality, saying it was characterised by  gross abuse of legislative powers by the House of Assembly to have achieved  a premeditated and selfish agenda.

The former, Governor, was impeached by the assembly on Tuesday  July 16, 2014, which was sequel to allegations of gross misconduct leveled against him by the assembly.

These allegations subsequently  prompted  Nyako to file a case in court to seek the enforcement of his fundamental human rights as he said the impeachment was carried out without recourse to the rule of law.

“All the judges have unanimously agreed that the impeachment of the governor was a misuse of the powers and privileges of the legislatures describing it null, void and of no effect.”

While  reading his judgment,Justice Tunde Ayotoye declared  that the respondents took the laws into their hands as they flagrantly abused the Cconstitution of the Federal Republic of Nigeria to meet their whimsical and selfish desires.

On his part, the presiding judge,Justice Sankey declared  that the court, as the last resort to Justice will not fold its arms and watch impunity being entrenched in the country. 

Sankey remarked that the failure of the house of assembly to ignore the constitutional provision of personal service of impeachment notice on the former governor was a misnomer to the constitution which must be uprooted.

 The court condemned in strong terms the arrogance of the lawmakers and some politicians who flagrantly refused to obey court orders which stopped them from going ahead with the impeachment process despite the order of the High Court in Adamawa stopping the move to set up a panel to investigate the governor.

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