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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