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Nigeria: Governor Nyako Receives Impeachment Notice
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Daily Trust (Abuja)
24 June 2008
Posted to the web 24 June 2008
Abdullahi Tasiu Abubakar
Yola
Only two months after he bounced back to office in governorship re-run polls, retired Admiral Murtala Hammanyaro Nyako became the first state governor in the current dispensation to face impeachment when the Adamawa State House of Assembly yesterday voted to serve him with an impeachment notice.
It accused him of committing "acts of gross misconduct, abuse of office and fraudulent spending of public funds." Nyako's spokesman Alhaji Aminu Iyawa however denied the legislators' allegations and dismissed the move as ill-motivated.
The Assembly, which reconvened yesterday following a recess, debated on the impeachment notice raised by its Deputy Speaker Aliyu Isa Ahmadu (PDP, Mubi North), and resolved that it should be served on the governor.
The notice, which was signed by 20 out of the 25 members, detailed allegations against the governor ranging from securing of illegal loans and award of fictitious contracts to appointment of his children as coordinators of an illegal government body as well as purchasing seeds from his farm, Sebore Farms, for the state government.
Tabling the notice before the House, the deputy speaker said, "In the exercise of the powers vested on Adamawa State House of Assembly by Section 188 of the Constitution of the Federal Republic of Nigeria, 1999, and all other powers enabling the House of Assembly in that behalf, we the undersigned Honourable members of the Adamawa State House of Assembly, hereby sign the notice of impeachment as provided and in compliance with Section 188 (2) (a) and (b) of the Constitution of the Federal Republic of Nigeria, 1999, stating that the Governor of Adamawa State, Murtala Hammanyero Nyako has committed acts of gross misconduct in the performance of his duties in his capacity as the Governor of Adamawa State." The notice said Nyako was "guilty of gross misconduct in the performance of the functions of his office, and has committed many unconstitutional acts in the discharge of the duties of the said office of the Governor of Adamawa State."
According to the impeachment notice, the detailed particulars of unconstitutional acts allegedly committed by Nyako include procurement of a $50 million dollars loan [N6 billion] without the consent of the State House of Assembly, and "thereby subjecting the state to unnecessary financial burden."
The House also alleged that the governor took another loan of N5 billion from a bank with a repayment rate of N457 million per month, without the authorization of the House of Assembly, contrary to Section 120 (2) (3) and (4) of the Constitution. They also accused the governor of illegally freezing the bank accounts of Mayo Belwa Local Government Area of the state.
The notice further alleged "authorisation of illegal deductions made from the Joint Accounts of Local Governments, therefore starving the local governments of funds to implement their projects for the benefits of the people and at most times the local governments had to end up with overdraft to pay salaries." The House also accused the governor of awarding "fictitious, frivolous, fraudulent and inflated contracts and spending of public funds not covered by the budget".
The members alleged further that Admiral Nyako ordered the furnishing of his personal house to the tune of N141 million, and that though the money paid, the work was not done. Nyako, the legislators also said, was guilty of the "purchase of high breed maize from Sebore Farms for N42 million. The farm was in near liquidation and the governor has personal interest" in it. Similarly, they alleged "illegal and unconstitutional establishment of a body not covered by law, referred to as Special Projects Directorate and he appointed his children as coordinators of the directorate".
The PDP-controlled House further alleged that the governor, who is also a PDP member, contravened sections 42 (1) (a) and (b) of the 1999 Constitution by allegedly allowing the selection of candidates for local government elections, instead of doing it through election.
Shortly after yesterday's tense session, Speaker of the House and former acting state governor Mr James Barka, who was not among the signatories of the impeachment notice, told reporters that when members of the House raised matters of constitutional importance, he had no option but to abide by their decision. He dismissed claims that the move was ill-timed or motivated by the members' personal interests, saying that none of them matter when allegations of gross misconducts were raised. "The issue is not time, the issue is the breach of the constitution which were specified in the document brought to me by the Honourable members... As a speaker I don't have monopoly over this," he said.
However, responding to the principal allegations, Special Assistant on Media to the governor Alhaji Aminu Iyawa said the allegations contained in the impeachment notice were untrue. He also said most of the issues raised arose during the first eight months of the Nyako administration, which he said had already been declared illegal by competent courts.
"Most of these charges were those under the defunct government that he led in those eight months, which were declared illegal. The House should have based their case on what happened (after his return). Under the constitution, they can only impeach him if the offence falls within his mandate," Iyawa said.
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He accused the legislators of trying to settle scores arising from events in the just-concluded PDP local government primaries, where he said many candidates supported by the members lost out.
Why are there so many probes and impeachments going on in the Nigeria without any solutions or finalizations to their respective findings.These monies the senators are using for these probes and impeachments could be used for the social betterment of the people or is this the new formula they are using to cart away money from the country?. Pease let us know. Too many probes without heads or tails. What a joke.
i disagree with the National Assembly for wantingto impeach gov.Nyako. and i also want to let themkow that i believe that he cannot do such a thing. he has given real contract of work for his state as a GOVERNOR!!!!!
Who are these people in Adamawa State House of Assembly? In my opinion all those who voted against the Governor should be investigated. It's either someone is paying them to impeach the Governor or the Governor has closed up all avenues from which to make money.
The good people of Adamawa State voted him in as Governor-Twice.Does that not count for anything?
Investigate them all, i say.
The same people that elected the Governor twice, elected their members of the house. If he is at fault, he should be impeached. If not, the rule of law will stand. Power to the people!
Iwill not be suprise if the said allegation agaist the governor are true,becouse most of them are not leders they were all appointet but not electet.
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