The impeachment process against
the Nassarawa State Governor, Umaru Al-Makura failed when the panel set up by
the Chief Judge of the state, Justice Sule Dikko to investigate the 16 charges
of gross misconduct levelled against the governor was dismissed.
The members of the House of
Assembly were of the opinion that the panel was not duly constituted; therefore
the allegation of gross misconduct by the governor cannot be dismissed just
like that.
The constitution of the
federal Republic of Nigeria 1999 by virtue of Section 188 states the manner at
which a governor or deputy governor of a state in Nigeria may be removed. The
subsection of this section state that whenever an allegation in writing signed
by not less than one-third of the members of the house-Assembly, is presented to
the speaker of the House of Assembly stating that the governor/his deputy is
guilty of gross misconduct in the performance of the functions of his office,
detailed particulars of which shall be specified.
The speaker of the House of
Assembly shall within seven days of the recent notice, cause a copy of the
notice 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
contained in the notice.
The constitution also provide
that within seven days of the passing of a motion under the foregoing
provisions of this section, the Chief Judge of the state shall at the request
of the speaker of the House of Assembly, appoint a panel of seven persons who
in his opinion are of unquestionable integrity, not being members of any public
service, legislative house or political party to investigate the allegation as
provided in this section.
The holder of office whose
conduct is being investigated shall have the right to defend himself in person
or represented before the panel by a legal practitioner of his own choice.The
panel appointed shall have powers and exercise its functions in accordance with
such procedure as may be prescribed by the House of Assembly and within three
months of its appointment,report its findings to the House of Assembly.
On whether the report of the
panel will stand based on the allegation of the members of the House of
Assembly that the members of the panel violates the provision of section 188(5)
of the constitution as they are members of a political party. This can only be
challenged by a competent court of law.
Thank you.
Oyenike Alliyu-Adebiyi
LLB(hons)BL
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