Lawyers representing the embattled Governor Tanko Al-Makura of Nasarawa State have described as unconstitutional the call on the Chief Judge of the state, Justice Suleiman Dikko, by the State House of Assembly, to dissolve the seven-man panel set up by him to investigate the impeachment allegations leveled against the governor.
Governor Makura’s lead counsel, Chief Udechukwu (SAN), submitted in Nasarawa Wednesday, that the Chief Judge lacked the power to disband the panel without first obtaining a court order.
According to Udechukwu, who is leading other lawyers in Al-Makura’s legal team, including Mrs. Olufunke Aboyade (SAN) and Ernest Ojukwu, the procedure of removing a governor is strictly governed by Section 188 (1) to (11) of the constitution.
He added that in line with Section 287 (1), (2) or (3) of the 1999 constitution the Chief Judge lacked the power to dissolve an investigative panel after setting it up, without an order of court.
“Once the Chief Judge has set up a panel of seven persons to investigate an Impeachment allegation against the government under Section 188 (5) of the constitution at the request of the Speaker of the House of Assembly, he lacks any authority to call for the dissolution of the panel set up by him.
The Chief Judge has no constitutional power to disband the panel after setting it up under section 188 (5) of the 1999 constitution.
He can only disband the panel in obedience to a court order by virtue of Section 287 (1), (2) or (3) of the 1999 constitution”, he further submitted.
He accused the members of the House of Assembly behind the impeachment process and subsequently calling for the dissolution of the panel of acting in bad faith.
“In the first place, they did not serve any notice of impeachment on the governor. They made no rules for the impeachment procedure and their call for disbandment of the panel was made outside the legislative chamber. What is on display is nothing short of legislative impunity,” he added.
The panel, headed by Yusuf Usman, was set up to investigate the 16 counts of impeachment charges leveled against the governor by the lawmakers.
Impeachment Panel Sits Behind Closed Doors
In another development, the seven-man panel set up by the Nasarawa State Chief Judge, Justice Suleiman Umaru Dikko, to investigate allegations of gross misconduct against the Governor Tanko Al-Makura, began sitting behind closed doors in Lafia on Wednesday.
The panel began sitting as it became obvious that the state Chief Judge had shunned a directive of the state House of Assembly that the panel should be dissolved because its members were members of the All Progressives Congress.
Journalists were barred by armed security agents, including the police and soldiers, from entering the conference hall of the state’s Ministry for Local Government and Chieftaincy Affairs, venue of the panel sitting.
Heavily armed security agents were also at the Government House, UAC Junction and Makurdi Road, to avoid break down of law and order.
The House had, at its sitting on Wednesday asked the Chief Judge to dissolve the panel.
But the governor on Thursday said the sitting of the lawmakers on Wednesday was illegal as it was held outside the Assembly complex.
Al-Makura, therefore, said the resolution of the lawmakers should be disregarded by all and sundry because it was unconstitutional.
The governor spoke through his Senior Special Assistant on Public Affairs, Abdulhammid Kwarra, at a press conference in Lafia.
He argued that instead of directing the state Chief Judge to re-constitute the seven-man panel, the House should have gone to court to seek a legal means of dissolving the panel.
Kwarra said,”If the lawmakers are aggrieved with the compliance of the state Chief Judge with the provision of Section 188, Sub-Section 5, the right thing to do is for the House to go to the court of law to challenge the composition of the seven- man panel.”
He condemned the lawmakers for alleging that the government sponsored thugs to prevent them from sitting in Lafia, the state capital and cited that as a reason for their choice of Karu for the purpose.
Kwarra said that as far as the government was concerned, the sitting of members at Karu was a “mere congregation of the concerned members of the House because it falls short of democratic requirement.”
However, Chairman of the House Committee on Information and Security, Baba Ibaku, faulted the state government’s criticism of its directive to the Chief Judge on the investigative panel.
He said the House acted in line with constitutional provisions.
While citing Section 188, Sub-Section 7, Ibaku said members of the panel should not belong to any political party or the civil service.
Ibaku alleged that two members of the panel are in the state Christian Pilgrims Welfare Board, adding that two were in the Congress for Progressive Change, which merged with two other parties to form the APC.
When asked whether he was aware that the panel had begun sitting, he said, “As we (House) are concerned, there is no panel and they are wasting their time, who are they submitting their report to?
“We have directed the state chief judge to constitute another panel of investigation and if he fails to do so, he is on his own. We will not accept the outcome.”
Also reacting to Wednesday’s sitting, member of the Nasarawa State House of Assembly representing Keffi East, Mr. Othman Bala Adam, said the four APC lawmakers would seek every legal means to ensure that their fundamental rights would not be compromised.
Adam, who spoke on behalf of his colleagues, said it was not the responsibility of the lawmakers to direct the state Chief Judge to dissolve the panel.
Adam, who spoke in an interview with some journalists in Lafia, said the attitude of the 19 PDP lawmakers was unconstitutional.
According to him, there is a law that guides the state Chief Judge on the composition of the seven-man panel to investigate the governor.
He said the PDP lawmakers should wait until the governor was found guilty, adding that if they had a contrary view, they could go to court.
Meanwhile, the state Police Public Relations Officer, Nuhuman Umaru, said nobody had been arrested for the burning of a car belonging to a lawmaker, Muhammed Muluku, on Wednesday in the Akuraba area of the state.
He said an investigation into the matter was in still in progress.
“As I am talking to you now, security has been beefed up in flash areas across the state to avoid any break down of law and order,” the PPRO stated.
Umaru said he was not aware of any threat by some youths to disrupt the sitting of the seven-man panel set up by the state Chief Judge.
