The Appeal Court in Yola invalidates the impeachment of ex-Gov. Nyako, but it appears he is not going to return as governor any longer, but must be accorded the rights of a governor for his remaining tenure before his impeachment.
By Umar Yusuf
YOLA—THE Yola Division of Federal Court of Appeal, Adamawa State, yesterday nullified the impeachment of Former Governor Murtala Nyako.
The five Judges led by Justice Jumai Hannatu Sankey in a unanimous judgment, described Nyako’s impeachment as a high level of impunity, recklessness, rascality and a constituted gross of legislative powers by the Adamawa State House of Assembly.
The judges condemned in unequivocal terms the gross abuse of the legislative powers by the lawmakers to achieve orchestrated, premeditated and selfish motives.
They averred that the impeachment of the former governor was a misuse of the powers and privileges of the legislature and declaring the impeachment as null, void and of no effect.
Justice Tunde Awotoye while delivering his 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.
Justice Jumai Hannatu 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 noted that the decison 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 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 the appeal of Nyako to be returned as governor of the state, as according to the court, the tenure of Nyako as governor had elapsed.
The court condemned in strong terms the arrogance of the lawmakers and some politicians who flagrantly refused to obey court orders stopping them from going ahead with the impeachment process despite the order of the high court in Adamawa State.
Governor Nyako was impeached by the Adamawa State House of Assembly on Tuesday July 16, 2014 following allegations of gross misconduct leveled against him by the House of Assembly. Jauro, Biobele Abraham Georgewill and O.A. Ogakwu.