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Published On: Thu, Feb 11th, 2016

Appeal Court Nullifies Nyako’s Impeachment., Strikes Out Request to Return as Governor



LAGOS FEBRUARY 11TH (URHOBOTODAY)-A Court of Appeal sitting in Yola, Adamawa State capital has on Thursday nullified the impeachment of former governor Murtala Nyako, saying the impeachment was premised on impunity, recklessness, rascality and constituted a gross abuse of legislative powers.
Delivering judgement, the five judges led by Justice Hannatu Sankey unanimously condemned the gross abuse of legislative powers by the house of assembly to achieve a premeditated and selfish agenda against the former Governor.
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 as null, void and of no effect.
Justice Tunde Ayotoye while reading his judgement noted that the respondents took laws into their hands as they flagrantly abuse the constitution of the Federal Republic of Nigeria to meet their selfish intents.
Delivering her judgement, Justice Hannatu Sankey noted that the court as the last resort to Justice will not fold its arms and watch impunity being entrenched in the country.
She noted 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”.
The court in its magnanimity ordered that Nyako be accorded all rights of the office of the governor of Adamawa state throughout his legally recognized period in office and struck out the appeal of Nyako to be returned as governor of the state as according to the Judges the tenure of Nyako as governor has elapsed .
The court condemned the arrogance of the lawmakers and some politicians who flagrantly refused to obey court orders even when they were stopped from going ahead with the impeachment process despite the order of the high court in Adamawa state stopping the move to set up a panel to investigate the governor.
It could be recalled that Adamawa State House of Assembly had on July 16th, 2014 impeached Governor Murtala Nyako for alleged gross misconduct and financial recklessness, hence his intention to seek redress in court to enforce his fundermental right since he was he was impeached without recourse to the rule of law.

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