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Friday, 12 February 2016

Appeal Court quashes ex-Gov. Nyako’s impeachment --NAN


They said the impeachment of the former governor was a misuse of the powers and privileges of the legislature, thus declaring the impeachment as null, void and of no effect
Governor Murtala Nyako (1)
The Federal Court of Appeal, Yola Division in Adamawa State has nullified the impeachment of former Governor Murtala Nyako of Adamawa State.
The judgement was delivered on Wednesday by the panel of five judges led by Justice Jumai Hannatu Sankey.
The judgement was unanimous.
It described Nyako’s impeachment as high level of impunity, recklessness, rascality and a constituted gross of legislative powers by the Adamawa State House of Assembly.
The judges said the removal of Nyako was to achieve orchestrated, premeditated and selfish motives.
They said the impeachment of the former governor was a misuse of the powers and privileges of the legislature, thus declaring the impeachment as null, void and of no effect.
Justice Tunde Awotoye, while delivering the judgment, noted that the respondents took laws into their hands as they flagrantly abused the constitution of the Federal Republic of Nigeria to meet their whimsical and selfish desires.
Sankey, in her lead judgment, noted the court as the last arbiter would not fold its arms and watch impunity being entrenched in the country.
She said the decision of the House of Assembly to ignore the constitutional provision of personal service of impeachment notice on Nyako was a misnomer to the constitution, which must be uprooted.
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 even as the court struck out his to be returned as governor of the state.
The court held that the tenure of Nyako as governor had elapsed.
Nyako was impeached by the Adamawa State House of Assembly on July 16, 2014 following allegations of gross misconduct leveled against him by the House of Assembly.

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