TheCable

The Adamawa house of assembly has gone on recess after issuing impeachment notices on the governor, Admiral Murtala Nyako, and his deputy, Mr. Bala Ngilari.

The lawmakers are expected to resume at the end of the month to continue the process of removing the governor and his deputy on charges of “gross misconduct”.

The timing of their recess is “normal” and was “long planned” according to one of the lawmakers, but there are strong speculations that it would make it difficult for Nyako to lobby them for a change of heart.

Meanwhile, the clerk of the house, Mr Francis Gabsenso, has said he is yet to serve Nyako and Ngilari the impeachment notices.

The speaker, Alhaji Ahmadu Fintiri, had on Wednesday directed the clerk to serve them.

“I went to their respective offices but met their absence,” Gabsenso said to journalists.

Nyako and Ngilari had left Yola for Abuja via Gombe after 19 of the 25 members of the all-PDP house signed the notices.

The All Progressives Congress (APC), to which Nyako belongs after defecting from the PDP last year, has described the impeachment move as “unfortunate and selfish”.

A statement issued by Rev. Phineas Padio, the party’s publicity secretary in the state, said the house was acting the script of the PDP.

“This is blind ambition by members of the house and the good people of Adamawa will resist it,” he warned.

By constitutional provisions, the speaker will take over as governor if the Nyako and Ngilari are impeached.

Section 191 (2) of the 1999 constitution says “where any vacancy occurs… when the office of Deputy Governor of the State is also vacant, the Speaker of the House of Assembly of the State shall hold the office of Governor of the State for a period of not more than three months, during which there shall be an election of a new Governor of the State who shall hold office for the unexpired term of office of the last holder of the office.”

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.