Two weeks after the Economic and Financial Crimes Commission, EFCC, declared former Adamawa State Governor, Murtala Nyako and his son, Abdul-Aziz, wanted, operatives of the anti- graft agency, Friday morning arrested the younger Nyako in Gombe, Gombe State.
Abdul Azeez M. Nyako
A statement by the spokesperson of the EFCC, Wilson Uwujaren, said he was immediately flown to Abuja, where he is currently being grilled by a crack team of detectives who had been working on the Adamawa investigation for several months.
Abdul-Aziz, who was declared wanted by the EFCC in the case of stealing, abuse of office and money laundering, is currently being interrogated over alleged illicit funds traced to companies in which he has interest.
Specifically, he is being asked to explain how over N15billion funds belonging to Adamawa State was allegedly laundered into the accounts of five companies said to owned by him- Blue Opal Nigeria Limited, Crust Energy Nigeria Limited, Blue Ribbon Multilinks Limited, Tower Assets Management Limited and Blue Ribbon Bureau De Change.
The funds was allegedly funnelled into the accounts of the companies from Adamawa state accounts domiciled in a new generation bank by the account officer who incidentally is the manager and an in-law to Ex-governor Nyako.
The EFCC said the manager claimed he transferred the funds through verbal instruction from the former governor for purposes that were not stated.
The commission said its investigations revealed that from 2007 to 2011, then Governor Nyako directed that all state-owned accounts domiciled in various banks be transferred to the new generation bank .
Abdul-Aziz’s company, Blue Opal, is said to own, among other investments in Nigeria, an estate in Abuja, while his father’s account officer owns several properties and investments scattered around Abuja, Yola and Kano.
Lagos—A Federal High Court sitting in Lagos, yesterday, adjourned till October 16, 2014 hearing in the an application, seeking to set aside the suit challenging impeachment of former Governor of Adamawa State, Mr Murtala Nyako.
Governor of Adamawa State, Murtala Nyako
Mr Olukoya Ogungbeje, a lawyer, had filed the suit in August, challenging the legality of Nyako’s impeachment on July, 15.
Ogungbeje in his suit had argued that Nyako’s impeachment was a clear derogation from the due process of law, and prayed the court to reinstate him as governor.
Respondents in the suit are: Acting governor of Adamawa State, Mr Umaru Fintiri, Adamawa State House of Assembly, the acting Chief Judge of the state, Justice Ambrose Mammadi, Justice Buba Kajama, (Chairman of the seven-member panel that investigated allegations of gross misconduct against Nyako), Independent National Electoral Commission, INEC and the Inspector General of Police, IG.
The trial judge, Justice Okon Abang had taken arguments from parties on September 11, and had reserved judgment till September 30.
At the resumed hearing of the case, yesterday, Ogungbeje reminded the court that the business of the day was for the court to deliver its judgment in the suit, having entertained argument from parties.
But Chief Wole Olanipekun, SAN, representing the first, second and third respondent respectively, drew the court’s attention to his pending application before it.
He argued that the originating processes were not served on his clients, adding that when the lapses in the proceedings were brought to the court’s attention, the court directed counsel to adopt their written addresses.
He had prayed the court for leave to move his application.
The applicant in opposition, insisted that the business of the court was to deliver judgment, adding that the application should not be entertained.
Justice Abang in a bench ruling held that although the court had adjourned the matter for judgment, it was in the overriding interest of justice to hear the application of counsel to the respondents.
“On September 11 during the court’s vacation, I adjourned this matter for judgment, having heard parties in the suit. However, on September 22, the court registrar drew my attention in chambers, to an application by the first, second and third respondent; I then fixed it for hearing on September 26, and ordered hearing notices to be issued on parties.
“On the return date, the first to fifth respondents were present in court but the applicant was absent. I checked the court’s file and found that he was not served with a hearing notice. Issues arose, as to the need to hear the competiting rights of parties, before judgment is delivered.
A former Head of State, Maj. Gen. Muhammadu Buhari(retd.), on Tuesday accused President Goodluck Jonathan of waging a war against Nigeria by using the “common wealth to subvert the system.”
Buhari made the accusation in a statement he personally signed and made available to journalists in Kaduna.
The statement titled, “Pull back Nigeria from the brink,” is his first formal reaction to the removal of Murtala Nyako as Adamawa State governor and the threat of impeachment against Governor Umaru Al-Makura of Nasarawa State.
Nyako was one of the five Peoples Democratic Party governors who in November last year defected to the opposition All Progressives Congress.
Al-Makura is an APC governor in a state whose House of Assembly is dominated by PDP members.
The Presidency had since denied Jonathan’s involvement in the development.
But Buhari, who is one of the leaders of the APC, said in the statement that whether or not Jonathan was aware of the development, what mattered most was that it was happening under his administration.
He warned that the development which was aimed at turning the country “into a one-party state’’ did not augur well for democracy.
The former military ruler lamented that the recourse to impeachment as a punitive measure against “out-of-favour” governors was an indication that Nigeria was gradually drifting into anarchy.
He disclosed in the statement that he had in his private capacity discussed the current situation with the President but regretted that nothing had been done to check it.
Buhari explained that he did so because, as a former Nigerian leader, history would never be kind to him if he sat back and watched it to continue.
Describing himself as “ a close participant and witness to Nigeria’s political history since independence in 1960,” he said, ‘‘Our country has gone through several rough patches, but never before have I seen a Nigerian President declare war on his own country as we are seeing now.
“Never before have I seen a Nigerian President deploy federal institutions in the service of partisanship as we are witnessing now. Never before have I seen a Nigerian President utilise the common wealth to subvert the system and punish the opposition, all in the name of politics.
“Our nation had suffered serious consequences in the past for egregious acts that are not even close to what we are seeing now. It is time to pull the brakes.’’
He alleged that the impeachment or threats of impeachment of ‘‘out-of-favour’’ governors was to decapitate the opposition.
The general also said that impeachment or threats of impeachment had become an unwelcome distraction to the war against Boko Haram which has put the country on tenterhooks, “with innocent citizens being daily mowed down at the times and places of the group’s chosen and over 200 schoolgirls spending more than three months in precarious captivity.”
The statement read in part, ‘‘Whether or not President Goodluck Jonathan is behind the gale of impeachment or the utilisation of desperate tactics to suffocate the opposition and turn Nigeria into a one-party state, what cannot be denied is that they are happening under his watch, and he cannot pretend not to know, since that will be akin to hiding behind one finger.
‘‘In my capacity as a former Head of State, rather than a politician, I have spoken to President Jonathan in private over these issues, but indications are that the strategy has not yielded positive fruits.
“I cannot, just because I am an opposition politician, fail to do what is expected of me as a former Head of State to help rescue our nation in times of great trouble and palpable uncertainty. History will not be kind to me if I sit back while things turn bad, just so that no one will accuse me of partisanship.
“Yes, I am a politician. Yes, I am in the opposition. Yes, there is the tendency for my statement to be misconstrued as that of a politician rather than a statesman. But I owe it as a matter of duty and honour, and in the interest of our nation, to speak out on the dangerous trajectory that our nation is heading.
‘‘I can say, in all sincerity, that I have seen it all, as an ordinary citizen, a military officer, a state governor, a minister, a Head of State, a man who has occupied many other sensitive posts and a politician.”
He asked the President to tarry awhile and ponder the impact of recent events in the polity and the sustenance of its democracy.
Buhari said subverting the constitution through desperate moves or deploying the institutions of state against ‘‘an out-of-favour’’ state governor could only breed anarchy.
He warned, ‘‘The dangerous clouds are beginning to gather and the vultures are circling, and these have manifested in Nasarawa State where the ordinary people have defied guns and tanks to protest the plan to impeach Gov. Al-Makura in a repeat of the bitter medicine forced down the throat of Nyako.
‘‘The people’s protest in Nasarawa State is a sign of what to come if the federal authorities continue to target opposition state governors for impeachment. In the long run, the impeachment weapon will be blunted. Positions will become more hardened on both sides and Nigeria and Nigerians will become the victims of arrested governance and possible anarchy.”
He reminded Jonathan to also remember that no democracy could thrive or survive without a virile opposition.
Buhari added that a man in power must realise that he cannot always do things just because he could do them.
The former Head of state said, ‘‘I, along with many other patriotic Nigerians, fought for the unity and survival of this country. Hundreds of patriotic souls perished in the battle to keep Nigeria one. The blood of many of our compatriots helped to ensure the birth of the democracy we are practising today.
‘‘Let no one, whether the leader or the led, the high or the low, a member of the ruling or the opposition do anything to torpedo the system. Let no one, whether on the altar of personal ambition or pretension to higher patriotic tendencies, do anything that can detonate the keg of gunpowder on which the nation is sitting.
“It is time for all concerned to spare a thought for the ordinary citizens who have yet to see their hopes, dreams and aspirations come to reality, within the general context of nationhood.”
Jonathan however described the allegations by Buhari as unwarranted and totally uncharitable.
In a statement by his spokesman, Reuben Abati, the President said Buhari had sadly moved away from the patriotic and statesmanlike position he recently adopted on national security to “unbridled political partisanship.”
Jonathan said there could be no other explanation or justification for the “completely unwarranted and very uncharitable assault” on his conduct and integrity which Buhari’s statement represented.
He said it was unfortunate that instead of working to put their house in order and resolve the leadership crises and internal contradictions in the APC, the former Head of State and his allies had resorted to blaming the President for their woes.
While describing the fate that had befallen the APC as self-inflicted, Jonathan said he had never in his acts or utterances, recommended or promoted violence as a tool of political negotiation.
The statement read in part, “Gen. Buhari talks about anarchy. He needs to be reminded that President Jonathan from his humble beginnings as a Deputy Governor of Bayelsa State to date, has never in his acts, or utterances, recommended or promoted violence as a tool of political negotiation.
“The Constitution does not give the President any power to intervene in such proceedings and President Jonathan has never arrogated such powers to himself or sought to exert any nefarious and unconstitutional influence on state assemblies in Adamawa, Nasarawa or anywhere else in other to secure undue political advantage for his party as Gen. Buhari unjustifiably alleges.
“President Jonathan remains true to his declaration that no political ambition of his is worth the life of a single Nigerian. The President has definitely not declared war on his own country or deployed federal institutions in the service of partisan interests as Gen. Buhari falsely claims. Neither has he been using the common wealth to subvert the system and punish the opposition, as the former Head of State inexcusably asserts.
“Also, President Jonathan has never at any time ordered that any Nigerian should be kidnapped or that anyone should be crated and forcefully transported in violation of decent norms of governance.
“We therefore urge Gen. Buhari to tarry a while, ponder over his own antecedents and do a reality check as to whether he has the moral right to be so carelessly sanctimonious.
“It may well be time to pull the brakes, as Gen. Buhari says in his statement, but it is he and others who have resorted to idle ‘scapegoating’ and blaming President Jonathan for their self-inflected political troubles who need to stop their inexcusable partisanship and show greater regard for the truth, democracy, constitutionalism, the rule of law, peace, security and the well-being of the nation.”
LEADERS of the All Progressives Congress (APC) have resolved to battle the Peoples Democratic Party (PDP) over ongoing moves to impeach the governor of Nasarawa State, Tanko Al-Makura, as well as last week’s impeachment of Governor Murtala Nyako of Adamawa State.
The opposition party had alleged highhandedness on the part of the Presidency and the PDP, while its leaders were said to have decided on a three-way approach towards staving off impeachment against their governors.
Sources said the party had resolved to employ public sympathy against impeachment moves on Governor Al-Makura, while at the same time embark on lobby of principal PDP stakeholders. It would also mobilise media opinion against the planned impeachment.
It was gathered that the APC blamed the success of the impeachment plot in Adamawa State on Governor Nyako who was said to have failed to employ any of the stated measures.
Carrot and stick treatment for PDP A source described the plan by the APC as a carrot and stick approach, which would see some key stakeholders attacking the PDP, while others would be reaching out to leaders of the same ruling party for soft landing.
“We cannot afford to lie low with the PDP. The plot is to paint the impeachment moves as coming from Jonathan and then secure public sympathy in favour of our party. Other than that, some strategic leaders are being asked to also reach out to leaders of the PDP to plead with them not to heat up the polity and allow the governors to stay,” a source close to the party said.
Ekiti, Osun, Sokoto targets of retaliation But the source further said that the APC was not completely incapacitated in the unfolding drama as it would soon direct it’s governors to also target PDP interests.
Said a source; “the PDP is vulnerable in some states. They are vulnerable in Sokoto, where the deputy governor is hanging on just by the goodwill of APC lawmakers. We also have the situation in Ekiti, where we have 24 members in the House of Assembly compared to one member of the PDP. If they continue to impeach our governors, Ayo Fayose will not last one day in Ekiti.”
The source also said that the situation in Osun State was not different, adding that a PDP governor would be given the impeachment treatment, even if the party wins the August 9 election.
In Sokoto State, the deputy governor, Mukhtar Shagari, has remained in the PDP, despite the defection of Governor Aliyu Wamakko and a majority of House of Assembly members to the APC.
It was gathered that the leadership of the APC has decided to renew the order given their governors to remove any recalcitrant deputy governor to pave way for easy victory of the party in the 2015 succession war.
The APC had, in the wake of the defection of five PDP governors to its fold in November 2013, asked its governors to firm up control of their states ahead of the succession battles, while ensuring that any deputy governor that refuses to join his governor in the defection train should be removed.
Maku warns trouble makers in Nasarawa Meanwhile, Minister of Information, Mr Labaran Maku, warned the APC to stop unnecessary protests over the purported impeachment of Al-Makura, saying such protests might spark off violence which might consume the entire state.
He gave this warning on Saturday, while delivering his speech at the foundation-laying ceremony of Eggon House at Nasarawa-Eggon Primary school, Nasarawa Eggon Local Government Area of Nasarawa State.
Maku, who lamented that the issue had not gone to the level of mass protests and destruction of properties, therefore, cautioned APC leaders to call their subordinates to order so as not to throw the state into anarchy, adding that if PDP should embark on protest too, the state might be on fire.
The minister then encouraged members of the state House of Assembly over the purported gross misconduct leveled against the governor, adding that due process ought to be followed, and that they ought to follow it to a logical conclusion.
Ekiti APC braces up for opposition role In another development, the interim chairman of the APC in Ekiti State, Chief Olajide Awe, has hinted that the party would give the incoming PDP government in the state a run for its money. Speaking on how his party would provide opposition to the PDP, Awe told Sunday Tribune that his party had already laid down a foundation for successive governments in the state, saying it would “monitor to ensure that that standard is built upon.”
Chief Awe, who spoke in a telephone interview, said the APC would not envisage anything lower than the standard already set by his party, saying the “dramatis personae in government or governance should set a standard.”
He dded that “whoever is coming is expected to be a person of the 21st Century and who must be able to come before the people with a vision and a plan to improve on the standard set and also improve the Ekiti people.
“We’ve not gone to the cocoon and fold our hands. We’ve gone back to the drawing board to see what went wrong. However, we are not going to just leave the space for those who are not prepared.”
We are ready for APC members in Assembly –Ekiti PDP But the chairman of the PDP in the State, Mr Makanjuola Ogundipe, also reacted to the threats of the APC, particularly concerning handling the new opposition’s majority representation in the state House of Assembly, when his party forms government in October.
“We are in tune with the people of the state including members of the Assembly,” he said.
Ogundipe told Sunday Tribune that “nobody in the Assembly is from another state and their families are from Ekiti and they all voted for Ayo Fayose,” pointing out that “the overwhelming result of the election shows that the people of the state are for PDP and they would not want their representatives in the Assembly to go against their wish.”
The PDP chairman, who also spoke on the telephone, said “members of the House of Assembly are representing the people and the people who sent them to the House to represent them will not fold their arms and watch their representatives do what they have not asked them to do.”
Adamawa State governor, Murtala Nyako, became the seventh casualty of the impeachment clause in the 1999 Constitution on Tuesday as the State House of Assembly voted for his removal from office. Group Political Editor, TAIWO ADISA writes on the governor’s road to the exit door.
Governor Murtala Nyako of Adamawa State, on Tuesday, July 15, 2014, became the seventh casualty of the impeachment clause in the Nigerian Constitution, when the State House of Assembly ruled in favour of his removal from office. To starve off the same treatment, the state’s deputy governor, Honourable Bala Ngilari forwarded a letter of resignation from office to the State House of Assembly.
Though, impeachment, one of the main weapons in the hands of the legislature against the executive arm of government is sparingly used, the fact remains that it has always remained a sword of Damocles, hanging on the necks of executive office holders both at the state and national levels.
From the Second Republic, when the then governor of Kaduna State, Alhaji Balarabe Musa was removed from office through impeachment in 1981, the weapon has always loomed large in measuring relationships between the executive and the legislature. In the Fourth Republic so far, the weapon has sparingly been on display in the current half (2011 to 2015) but was well on display between 2005 and 2006, when former President Olusegun Obasanjo moved to assert his authority over the political space.
A former governor of Bayelsa State, Chief DSP Alamieyeseigha was removed on December 9, 2005, while a former Oyo State governor, Rashidi Ladoja was to follow on January 12, 2006. He was to later reverse his impeachment through the ruling of the Court of Appeal, sitting in Ibadan. Ekiti State governor-elect, Mr. Peter Ayodele Fayose was to also face the impeachment debacle in 2006, though the then President Obasanjo ensured his effective removal from office through the declaration of a state of emergency and appointment of a sole administrator for the state.
The same sword was arrowed against former Governor Joshua Dariye of Plateau State now a Senator, also in 2006. He was removed from office in controversial circumstances and was able to reverse the impeachment through the court. On Tuesday, Nyako became the latest victim of the powers of the House of Assembly, whose members are usually taken for granted by many governors.
But for Nyako and his deputy, the road to the impeachment incident was predictable. Nyako was imposed on the Peoples Democratic Party (PDP) in Adamawa State in 2007 as a governorship candidate. The then president was said to have jettisoned the primaries conducted in the state to impose Nyako. But outside the complaints about imposition, many stakeholders have claimed that Nyako also failed to live up to his billing as the father of the state upon his emergence as governor. Many accused him of a winner-takes-all attitude and sometimes nepotism. Many also complained that he was not accessible to many in the state, while allegedly allowing his immediate family undue access to governance.
In 2008, a movement called Save Adamawa Movement spearheaded a removal bid against Nyako. Its officials and members of the PDP had compiled a number of allegations against the governor. Many of the leaders were also said to have refused to work with the governor. The case was brought to the notice of the late President Umaru Yar’Adua, who nominated his then Vice President, incumbent President Goodluck Jonathan as head of the reconciliatory panel. The panel was however able to save the governor and all appeared rosy again between political leaders of the state and Nyako.
But tempers were to rise again ahead of the reelection bid of 2011. Some leaders of the state insisted that they would not work for Nyako’s re-election and the matter was brought to the attention of President Jonathan.
Investigations revealed that several meetings were held between the president and those opposed to Nyako, and that Jonathan insisted that the leaders must work with the governor and give him another chance in view of the agreement that the PDP had resolved to return all its governors for second term. But, it emerged that Nyako would join the aggrieved camp of the PDP governors under the aegis of G7 agitators. Nyako is one of the five of the G7 members, who defected to the opposition All Progressives Congress (APC) in November 2013.
What the governor did not calculate, according to sources, was that the defection had robbed him of the last bastion of support that could help him starve off any impeachment bid. Already, there are issues on ground in the state, which could ignite impeachment bid against him at any moment.
Thus, what the House of Assembly members played upon was the mood of the state. They reckoned that Nyako owed civil servants and teachers, who are some of the strongest enemies a governor could offend. They also reckoned that the governor had neutralised notable political figures in Adamawa such as former Vice President Atiku Abubakar and former Lagos State military governor, Brigadier General Mohammed Buba Marwa. With such situation on ground, the impeachment of Nyako was looming like a time bomb.
When members of State House of Assembly were ready with the challenge of impeaching him, it appeared the coast was not only clear, the governor’s steps too aided the volume of miles covered by the raging impeachment inferno.
The lawmakers had raised a 20-point allegation against the impeached governor, 16 of which were affirmed by the seven-man panel of inquiry set up by the Acting State Chief Judge. The allegations included:
1.Fraudulent diversion of N2.3 Billion Adamawa State worker’s salaries for September and October 2011;
2.Illegal deductions and diversion of the sum of N142 million employment of Adamawa state workers in May 2014;
3.Diversion of N120 million public funds to sponsor fictitious visits of General Muhammadu Buhari to Adamawa sate to commiserate with flood victims of insurgents attacks in Madagali and Michika local government areas;
4.Extra-budgetary expenditure of N1, 740, 785 on fictitious special assistants and another N166, 230, 536.88 on personal assistants in 2013;
5.Fraudulent award of contract of over N8 Billion through SNECOU Group of Companies Ltd allegedly to siphon public funds without delivering any service to the people of Adamawa State;
6.Corrupt siphoning of the sum of N300 million public funds through a company, Hydrosources Resources Ltd in the name of Mubi By-pass without mobilising to site or any construction carried out long after collecting the N300 million from Adamawa state funds;
7.Gross violation of the oath of office by outrageous patronage and dominance of family and friends in the discharge of government such as MGDs office, the SPPU and ministry of Health;
8.Gross violation of section 120 of the constitution of the Federal Republic of Nigeria 1999 as amended and gross misappropriation and diversion of internally Generated Revenue for personal use to the detriment of the people;
9.Squandering the sum of N4, 805, 216, 538 and N7, 114, 590.85 in 2012 and 2013 respectively through the office of the SSG against budgetary approvals;
10.Expenditures of exorbitant sum of N2.5 billion as other miscellaneous expenses through the internal affairs and special services units;
11.Extra budgetary procurement of fertiliser and diversion of proceeds from the sales of same from 2007 to date;
12.The MDGs office is managed by the governor’s close relations and has squandered N220 million and N786, 644.94 unbudgeted funds in 2013 for the implementation of MDGs programme;
13.Diversion of over N400 million out of the N500 million federal government intervention funds for flood victims in 2011;
14.Diversion of government funds through illegal importation of hospital equipment to the tune of N156 million while the state still owes the contractor and illegal acquisition of containerized mobile workshop for vocational training centers;
15.Corruption and extra budgetary award of contracts for the construction of Army Barracks road, Mayo Belwa Road; Pella to Maiha Road; Gombi to Ga’anda to Fotta Road; Rumde to Yolde Pate Road; construction of mubi bypass, contrary to section 120 (2), (3) and (4) of the construction of the Federal Republic of Nigerian 1999;
16.Squandering of N1 billion Adamawa German Hospital, managed by close a relation to the Governor;
17.Shoddy conception and operation of Adamawa German Hospital, managed by close relation to the Governor;
18.Abuse of office and violation of Adamawa state law by the appointment of his wife, Dr. Halima Nyako as chairman, Adamawa state action committee on Aids, (SACA) contrary to SACA law;
19.Over bearing strangulation of the local government areas and extortion of local government funds in the name of joint account projects and security challenges in mubi and other parts of the state;
20.Alleged of corrupt practices.
But, Nyako and his handlers apparently failed to read the books as to how impeachment bid usually go in Nigeria. On record, the only man, who has survived impeachment threats in a state, remains a former deputy governor of Abia State, now Senator Enyinnaya Abaribe. Abaribe, who was the deputy to former Governor Orji Kalu between 1999 and 2003, faced three impeachment moves but was able to subvert each of the moves and only resigned from office the third time.
A source said that when the House of Assembly announced the receipt of an impeachment notice against Nyako, he should have approached Abaribe to learn the tricks of surviving the danger. It was gathered that Abaribe, on each occasion, had a man embedded in the camp of the opposition, who played along with them till the final voting stage. Thus when his antagonists were cork sure of the two thirds majority to remove him, one of the members would pull out at the voting stage, to deny the House the required two thirds majority needed to remove Abaribe.
If that is not the case, it was gathered that Nyako could have held on to the Abuja powers to help him starve off the threat. But, it was learnt that having saved the governor on two previous occasions, and with his apparent failure to recognise such goodwill, President Jonathan was not really disposed to helping Nyako out of his travails this time. Again, the impeached governor literally put his political career at stake, when he wrote the now infamous memo which indicated that the Federal Government was instigating genocide against the North through the ravaging Boko Haram insurgency. Coming from a former Chief of Naval Staff, the allegations were regarded as grave with far-reaching implications.
One other mistake the governor made was his refusal to receive the impeachment notice announced by the House of Assembly. Though the Constitution expects that details of the allegations of gross misconduct would be served on the governor and his deputy by the Speaker of the parliament within seven days of his receipt of the notice signed by at least one third of the Assembly, the impeached governor made a mistake of involving the courts in the process that early.
While the constitution has already barred the courts from interfering with the impeachment process, lawyers have however agreed that nothing could take away the power of judicial review at the end of the exercise. This has been proved in the case of Ladoja, in Oyo in 2006 and Dariye in Plateau also in 2006.
By involving the courts, and relying on an interpretation that the service should be made personally on the governor and his deputy, the two office holders exposed themselves to being removed from office without them raising a defence against the allegations.
Incidentally, sources had told The Friday Edition that some leaders of the PDP had proposed a way out for Ngilari, who was asked to resign early in the beginning of the process. He however teamed up with his governor and claimed that he was not served the impeachment notice. The duo had hoped to hang on that excuse to starve off the impeachment bid. But, the same court that initially ruled that the notice should be served personally later ruled that there could be substituted service through the newspapers. Immediately this was done, the wind appeared out of the sail for the impeached governor.
The governor and his deputy were seeking solutions in Abuja, while the lawmakers in the state continued with the procedures enumerated in Section 188 of the Constitution. The Acting Chief Judge of the State had gone ahead to announce the seven-man panel of inquiry, just as the governor’s camp continued to talk about service or knowledge of the impeachment notice. The fact that the Constitution gives so much latitude to the lawmakers on their interpretation of “Gross Misconduct” means that governors and their deputies cannot toy with the process. Within a twinkle of an eye, a governor could be out of the office. He or she would then be left with battling the endless legal rounds in the courts.
ABUJA— There were indications last night that the impeached governor of Adamawa State, Murtala Nyako, might be arrested by security agents and charged to court for alleged treason.
While the treason charges against the former governor is billed to take off in one court, the Economic & Financial Crimes Commission, EFCC, would be prosecuting Nyako in another court for allegedly looting funds of the state said to have been stashed in a local bank.
The governor and the North-East Region manager of the said bank will be charged with another top official of Adamawa State Government, who is being held by the anti-graft agency for aiding and abetting the looting.
A competent security source told Vanguard that the Presidency has already ordered the Attorney-General of the Federation and Minister of Justice, Mohammed Adoke, to file treason charges against the governor, who lost his plum job yesterday.
The charges, according to the source, had been prepared by the Federal Government even before the impeachment process against Nyako started and would merely be completed with the governor’s removal from office.
Nyako to face treason charges
Findings by Vanguard revealed that Nyako is to be tried specifically for levying war against Nigeria and inciting Nigerians and the international community against the person of President Goodluck Jonathan by accusing Jonathan of committing genocide against Northerners under the guise of fighting terrorism.
One of the sources said: “The AGF is ready with the treason charges against Nyako, who never showed any remorse over his letter to the Northern Governors Forum and refused to retract the contents and apologise even when he had the opportunity to do so.
“The AGF has since been directed to file treason charges against the governor, who was fired by the Adamawa State House of Assembly on Tuesday (yesterday) because what he did was levying war against the nation and inciting the world against President Jonathan.
“If the former governor is lucky, he will survive the legal onslaught against him but he may be in for many years in jail if convicted for his indiscretion and deliberate action to malign the President of Nigeria,” the source said.
Why Presidency dumped Ngilari
On why the Presidency withdrew its earlier support for the Deputy Governor to succeed Nyako, the source explained that Ngilari lost out because he tried to join forces with Nyako and work against the interest of the PDP stakeholders in the state.
He explained that Ngilari lost the support of the Presidency and the PDP stakeholders in the state when it was discovered that he had accepted to take over from Nyako and make Nyako’s son his deputy.
“Ngilari lost out when the Presidency got information that he had reached an agreement with Nyako to resign for him to take over as governor and make his son deputy governor so as to continue to protect the former governor’s interests. He thought he was smart,” the source said.
Vanguard further learnt that Ngilari, a Christian, was prevented from succeeding Nyako, a Muslim, so as not to stoke ethno-religious crisis in the state and worsen the security problem in the North-East.
His removal from office notwithstanding, Nyako remained boisterous, yesterday, insisting that he accepted the action against him in good faith, as it was merely a judgment by man and not God.
The former governor said: “All praise be to Allah. We accept what has happened. This is the judgment of man; we should all remember that there is God’s judgment in the hereafter”.
Apparently hinging his hope on his move to challenge the impeachment process against him, Nyako urged his supporters to remain calm and law-abiding, as the matter was far from being over.
Ngilari hasn’t resigned — Nyako
In spite of that, Nyako disagreed with the claim by the House of Assembly that Ngilari had resigned his position as deputy governor, arguing that the law required the deputy governor to submit his resignation letter to the governor and not the House of Assembly.
Nyako argued that he was still the governor of Adamawa State at the time Ngilari was said to have submitted his resignation letter to the Speaker of the state House of Assembly in contravention of Section 306 (5) of the 1999 Constitution.
Nyako, who spoke through his Director of Press and Public Affairs, Mr. Ahmed Sajoh, said: “Our attention has been drawn to the purported resignation of the Deputy Governor of Adamawa State, Barr Bala James Ngilari, which was supposedly read on the floor of the State House of Assembly.
“We wish to State categorically that Section 306 (5) of the Constitution of the Federal Republic of Nigeria 1999 as Amended requires that the Deputy Governor resigns not to the House of Assembly but to the Governor.
“As at the time the supposed resignation was said to have been tendered in the House, Murtala H. Nyako was the Governor of Adamawa State. No such letter was written to him, none was received by him and none was approved by him.
“It should, therefore, be known that in the eyes of the Law, the Deputy Governor has not resigned. Barr. Bala James Ngilari is still the Deputy Governor of Adamawa State.
“This clarification is necessary to avert another subversion of the Constitution since the other processes relating to the impeachment saga have all been in contravention of the Constitution and the Law. We wish to observe that continued abuse of the constitution and the laws of the land may spell doom for our democracy,” Nyako’s spokesman said.
How Nyako was impeached
The removal of the governor by the State House of Assembly followed the adoption of the report of the seven-man investigation panel set up by the former Adamawa State Acting Chief Judge, Justice Ambrose Mammadi to investigate alleged gross misconduct levelled against the removed governor and his Deputy.
At yesterday’s plenary session, the Speaker of the Assembly, Mr Ahmadu Umaru Fintiri read the report of the panel to the members, and quoted section 18(a) of the Constitution which gives the House 14 days within which to deliberate on the report.
Mr Jerry Kundusi representing Gombi Constituency then moved a motion that since the House has the required 2/3 Majority, it should commence debate on the panel’s report immediately.
Mr Kwamote La’on representing Numan Constituency supported the motion and there was no dissenting voice, while the House immediately commenced debate on the report.
At this point, the Speaker called each of the signatories to the impeachment process to confirm their signature in order to ensure the 2/3 majority needed is attained.
17 of the 25-member House of Assembly affirmed that their signatures were authentic and they stood by it.
At this juncture, the report of the panel was read by the Speaker to the members specifying the 20 charges preferred against Nyako.
Four of the allegations were, however, dropped by the panel for lack of merit.
After being found guilty of 16 out of the 20-count charges, the Deputy Speaker moved a motion seconded by Jerry Kundisi that the House adopt the report of the panel.
Consequently, the Speaker of the House, Ahmadu Umaru Fintiri stated that the House has satisfied section 18 (9) of the Constitution, and that he, therefore, had no alternative than to declare the office of the Governor of Adamawa State vacant.
The Deputy Speaker also moved a motion, seconded by Jerry Kundisi that since the Deputy Governor has resigned, the Speaker should be sworn in as Acting Governor.
The House in session unanimously directed the President of Adamawa Customary Court, in the absence of the Chief Judge to swear in the Speaker as Acting Governor for three months before an election is conducted to fill in the vacant office of the Governor of Adamawa State.
Before the commencement of the house plenary session, the speaker read a letter from deputy governor, Bala James Ngilari announcing his voluntary resignation.
In their reactions, Adamawa PDP stakeholders, described the impeachment as the best thing to happen in Adamawa State.(vanguard)
The Rivers State Chapter of the All Progressives Congress (APC) has described as shocking and retrogressive, the impeachment of 15th July, 2014 by the Adamawa State House of Assembly, of the Governor of Adamawa State, Admiral Murtala Hamman-Yero Nyako (retd).
Governor Nyako
“We never thought that Adamawa State lawmakers would allow external forces to cause them to impeach a Governor that was not only duly elected but also enjoyed the overwhelming support of the people of Adamawa State just to satisfy the selfish and evil plots of undemocratic elements operating from Abuja. To us, this is a retrogressive development aimed at rubbishing a man who has sacrificed so much for the unity and progress of Nigeria as a nation,” Rivers APC Chairman, Chief (Dr.) Davies Ibiamu Ikanya, said.
Continuing, Ikanya said in a statement issued in Port Harcourt: “It is a pity that Nyako have to pay for the sin of spearheading the election of President Jonathan both at the 2011 PDP Presidential Primaries election and the general election proper of Mr. President in 2011. This is one of the reasons why also Rivers State is under siege for given Mr. President the highest number of votes during the 2011 Presidential election. We are not used to crying over spilled milk but we will like to assure Adamawa people that we are solidly behind them, not minding the efforts of some undemocratic forces to put our democracy in danger. Impeachment is a normal exercise in any democracy but any induced impeachment like that of Adamawa State is condemnable. It beats my imagination why the PDP-led Federal Government should be putting our democracy in danger by luring and forcing some disgruntled and misguided lawmakers to be making efforts to impeach Governors of only APC-controlled states. The cases of Edo and Nasarawa states readily come to mind. The world is watching and let us sees where all these rascality acts will lead us to as a nation”.
“We all should be on guard before these undemocratic elements collapses our democracy just because of their desperation to install President Jonathan for a third time as the President of Nigeria against the letters of our Constitution that says that nobody should act as a President for more than eight years. Should these elements succeed in their evil plot, they will be making President Jonathan to preside over this nation for over ten years and maybe thereafter make him a LIFE PRESIDENT!”
Meanwhile, Chief Tony Okocha, the Chief of Staff to Governor Chibuike Amaechi, has reiterated that the sad event that took place in Adamawa State will never be allowed to happen in Rivers State as the majority of the lawmakers in Rivers State are true progressives who are loyal to both the APC and Governor Amaechi and who will never give in to such rascality as exhibited by the Adamawa lawmakers.
Chief Okocha maintained that efforts by the powers that be in Abuja to use the renegade Group of 6 Lawmakers to unconstitutionally unseat Governor Amaechi will come to nothing since the majority of Rivers State lawmakers have resolved to swim and sink with the mandate of the Rivers State people embodied in the person of Governor Amaechi. “I wish to assure all APC faithful and the entire good people of Rivers State that they should continue with their normal business activities as no effort by some unscrupulous undemocratic elements will succeed in thwarting or tampering with the mandate they freely gave to Governor Amaechi as I am very convinced that we are capable and ready to defend the mandate no matter the odds,” Chief Okocha said while thanking the APC Youths League Rivers State Chapter and Igbo Professionals in Rivers State that came to pay him a solidarity visit.
While the Rivers State APC Youths League was led by Comrade Hart Lawson accompanied by Solomon Okocha, Chris Okah among other leaders of the group, the Igbo Group was led by a business mogul in Rivers State, High Chief Ubaka Williams, and was accompanied by the Secretary, Barr. Obinna JK Chukwu, Chief Uchenna Okokoba the leader of Non Indigenes in Rivers State, among other great Igbo leaders of thought.
Chief Okocha further assured the two groups that with the feats recorded by Governor Amaechi in the areas of education, health, agriculture, infrastructure and good governance, APC is a sure bet to retain the Brick Wall (Government House) come 2015 not minding the resolve of PDP bigwigs to resort to rigging and intimidation as they are sure that the Rivers State people have abandoned them.
Comrade Hart Lawson and Chief Ubeka in their remarks said: “We are here on behalf of the good people of Rivers State to assure our performing Governor of our unflinching support and readiness at any time to defend and protect the mandate we freely gave to Governor Amaechi.”
Yola - The Speaker of Adamawa State House of Assembly, Alhaji Ahmadu Umaru, was on Tuesday sworn in as Acting Governor of the state following the impeachment of Gov. Murtala Nyako.
Umaru was sworn-in by the state’s Acting Chief Judge, Justice Ambrose Mammadi.
After taking the oath of office, the acting governor said the impeachment of Nyako was a blessing to the people of the state.
Umaru called on the people to join hands with his administration, saying that the task before it was enormous.
He reminded them that Adamawa was still under state of emergency and urged them to be law abiding.
The acting governor promised to pay the two months outstanding workers’ salaries and other allowances.
“This administration will do all that is possible to restore the lost glory of the state as well as improve the economic well-being of the people’’, he said.
Chieftains of the PDP and members of the National Assembly were among dignitaries that witnessed the ceremony. Adamawa Deputy Gov. resigns Bookmark
Also the Adamawa Deputy Governor, Mr Bala James-Ngilari, on Tuesday tendered his letter of resignation, citing personal reasons.
The Deputy Governor’s letter of resignation was read at Tuesday’s plenary of the Adamawa House of Assembly by Speaker Ahmadu Fintiri.
The development followed moves by the state assembly to remove him and Gov. Murtala Nyako on grounds of financial impropriety.
James-Ngilari said:“I kindly notify you of my resignation from the office of the Deputy Governor of Adamawa State forthwith on personal ground.
“I want to thank you for the opportunity to serve Adamawa State.”
The house unanimously adopted the letter following a motion moved by Mr Adamu Kamale (PDP-Michika), which was seconded by Alhaji Hassan Kaigama(PDP-Maiha).
During deliberation on the letter, members argued that since the deputy governor wished to retire voluntarily, he should be allowed to do so.
“We should wish him success in his future endeavour,’’ said Mr Jerry Kundisi (PDP-Gombi)
The speaker confirmed the resignation, saying, “the office of the Deputy Governor is hereby declared vacant.’’ (NAN)
Speaker of the House of Assembly to assume office as acting governor
INEC to conduct a fresh election in 90 days.
By Ehi Ekhator, Naija Center News
The executive governor of Aadamwa state who has been struggling to avoid the whip from the lawmakers have been impeached on Tuesday by the State House of Assembly.
Governor Nyako
His deputy, Bala Ngilari who was also probed along with the governor resigned his appointment before the announcement of Nyako’s impeachment, giving room to the Speaker of the House of Assembly, Umaru Fintiri to be sworn in as the new acting governor of the state.
The Independent Electoral Commission, INEC is to conduct a new election within 90 days to enable a substantial governor continue.
The seven man committee sat and indicted Nyako who seem helpless and refused to defend himself.
Governor Nyako has done everything possible to avoid the impeachment, including declaration of 7 days fasting and playing to the gallery of the aggrieved members.
The presidency promised to intervene on a condition that he apologized publicly over his genocide letter he wrote to the northern elders against President Jonathan which he bluntly refused.
Some elders in Adamawa who alleged to have made the Nyako governor revealed that the embattled governor had bitten more than he could chew as he bit the hands of those that fed him.
Nyako planned to appoint new CJ who could clear his allegations failed when the court declared that panel was not constitutionally required to be inaugurated.
Some of the sins committed by Nyako include alleged diversion of N2.3 billion belonging to workers for the month of September and October in 2011 and for illegaly deducting and siphoning N142 million belonging to workers in May 2014, among several others.
An elderly member of the House of Representatives from Adamawa State, Mr. Nwangubi Fons, on Sunday recounted how some key leaders of the Peoples Democratic Party brought Governor Murtala Nyako to power in 2007.
Fons disclosed that the leaders, which included himself, were led by Prof. Jibrin Aminu.
He said the 10 leaders had met with former President Olusegun Obasanjo, who they reportedly convinced to endorse Nyako.
Fons represents Mayo-Belwa/Jada/Ganye Federal Constituency of the state, which is Nyako’s constituency.
The embattled governor is from Mayo-Belwa Local Government Area.
The lawmaker, who spoke against the backdrop of the move by the state House of Assembly to impeach Nyako, said he was not surprised by the turn of events.
He recalled that many people in the state had “misgivings” about Nyako at the time, adding that they “did not trust Nyako.”
However, he disclosed that due to Jibrin’s pleas and his explanations that the state needed someone with Nyako’s “background and experience,” the elders moved around to canvass support for him.
“Prof. Jibrin took us to Obasanjo; I was one of those who didn’t trust him (Nyako).
“But, he convinced us and we went to Obasanjo to ask him to accept the governor,” he added.
He claimed that the governor’s problem was that immediately he assumed office, Nyako allegedly started fighting the same people, who made him governor.
He also stated that the governor was not accountable and did not “respect the principles of budgeting.”
“You cannot fault what the House of Assembly is doing because they are on the path of law,” Fons maintained.
He used himself as an example of how Nyako “disregarded” those who brought him to power, saying that the governor once stopped him from becoming a local government chairman.
He recalled how a few months after Nyako became governor, he (Fons) won the primary of his local government chairmanship election, only for Nyako to insist that the ticket should be given to a rival, who came secAs for Jibrin, the lawmaker claimed that Nyako ensured that they became sworn enemies.
ABUJA—There were indications last night that the panel raised by the Adamawa State House of Assembly to probe the allegations of misappropriation of funds had indicted the state governor, Murtala Nyako. Also, the panel might have cleared his deputy, Bala James Ngilari. The panel is expected to submit its report to the state House of Assembly today.
It was also gathered that the embattled governor was already considering defecting to the Peoples Democratic Party, PDP, as that remained the only option to escape the impeachment noose hanging on his neck. Erstwhile governor of Borno State, Senator Ali Modu Sheriff, Vanguard learnt, yesterday, had defected to the PDP and is set to storm Maiduguri, the state capital for a briefing with his supporters today.
A top government official, who is privy to the work of the seven-man panel, confided in Vanguard that the report concluded that Nyako was guilty and should be removed but did not indict Ngilari.
The source said: “What we have is that the panel has already passed a guilty verdict on the governor but we have not heard anything concerning the deputy governor.
“In any case, the verdict of the panel, which was set up under duress is not surprising to the governor since we had already known and seen their handwriting on the wall before they began their work,” the official said.
Apparently angered and jostled by the verdict of the panel, the governor, Vanguard learnt, has already filed an appeal at the Abuja Division of the Appeal Court against the procedure adopted by the House of Assembly to impeach him.
In the appeal, which Vanguard learnt, is being handled by a fiery Lagos-based lawyer, Nyako is challenging the violation of the impeachment procedure as outlined in Section 188 of the 1999 Constitution.
In the main, the governor is claiming that it was a violation of the law for the lawmakers not to personally serve him the notice of impeachment as enshrined in the law but went ahead with the proceedings without satisfying the vital condition.
Nyako challenges CJ Mammadi
Similarly, the governor is challenging the decision of the then acting Chief Judge of the state, Justice Ambrose Mammadi, who had ordered the House of Assembly not to proceed with the impeachment proceedings without personally serving the governor and his deputy only for him to reverse himself by setting up a probe panel a day after.
It was also gathered that some loyalists of Nyako had petitioned the National Judicial Council, NJC, to investigate the action of the Adamawa CJ, whose three months’ tenure lapsed last week, over his conduct in the impeachment saga.
The actions notwithstanding, Nyako’s camp had been thrown into confusion with the indictment by the panel, whose report could be debated upon and action taken by the House of Assembly this week.
Findings by Vanguard indicated last night that Nyako’s only hope hinges on spirited efforts being made by his loyalists to ensure that the impeachment protagonists did not get the required two-thirds majority to remove him from office.
The governor’s camp had been gripped by fear following the inability of Nyako and his loyalists in Yola and Abuja to persuade majority of the state House of Assembly members to back out of the impeachment move against him.
It was learnt that despite several meetings between the governor and the aggrieved lawmakers, the governor’s camp could not secure the support of many members to stop his impeachment.
The House, which is made of 25 members, requires at least 17 members to be able to oust the governor.
It was not clear as last night if the 19 members of the House, who signed the impeachment notice against the governor would still stand by their signature and remove him when the impeachment voting is conducted.
The PDP stakeholders in Adamawa and Abuja are in favour of the probe panel giving the deputy governor, Ngilari, who showed absolute loyalty by staying back in the party when Nyako left for the APC, a clean bill of health so that he can take over and run the state till next year.
Sheriff defects to PDP, Nyako on the wings
Meanwhile, the defection of Sheriff, the erstwhile chairman of the Board of Trustees of the defunct All Nigerian Peoples Party, ANPP, one of the parties that merged to form the APC was confirmed to Vanguard last night by a strong associate of his, Mr. Inuwa Bwala.
Bwala, who served in the cabinet of the incumbent governor, Alhaji Kassim Shettima before he exited upon the differences between the governor and Sheriff, in confirming the development said: “He has defected and he is now in the PDP.”
Sheriff, Vanguard further gathered, is expected in Maiduguri today for further consultations with his supporters.
Ahead of the visit, the chairman of the state chapter of the APC, Alhaji Ali Bukar Dalori, yesterday, cautioned party members in the state not to be deceived into defecting from the party.
Dalori said that those who leave the party would end up losing on both sides as they would have nothing to gain in the PDP.
Dalori in a statement made available to Vanguard said a number of aspirants for elective offices in the state and in Abuja have been putting pressure on Sheriff to defect from the party, believing that they would get easy ticket in the PDP.
Citing Sokoto and Kano states, where former governors of the state defected to the PDP, leaving their supporters in the cold, Dalori said: “Shekarau is now a Minister but I can assure you that he is not likely to have his godson as the Governorship candidate of the PDP. I won’t be surprised if that his godson he fielded in 2011 as Governorship candidate in Kano under the ANPP, returns to APC before 2015 when he doesn’t get any thing. The same thing goes for many of his followers because, as it stands, he took people to PDP and he alone has benefited from the defection. That is always the case when aspirants just follow a big fish to another party, they become mere escorts.
“Most importantly also, the old PDP members are even likely to fight whoever Sheriff anoints as the governorship candidate if that happens because the old people know very well that if God forbids, the godson is elected governor, he will only pay attention to Sheriff and those around him, while the old PDP members will be strangers in their own party that they suffered so much to build and sustain.”
“No political party will hand over the entire aspirations of its loyal members to a new comer unless the party is looking for massive anti party activities. We will prefer to have a united APC in Borno but to be honest with you the APC in Borno State is not under any threat at all, we have the masses, we are very, very strong and are only waiting for inauguration of our candidates in May and June, 2015 that is for the governorship, deputy and for the National and State Assembly seats.”
Nyako who was elected on the platform of the PDP walked out of the party last November following months of agitation staged by him and six other governors against the party leadership at that time headed by Alhaji Bamanga Tukur. (vanguard)
The seven-man investigative panel set up by the former acting chief judge of Adamawa State, Justice Ambrose Mammadi, to investigate allegations of gross misconduct against Governor Murtala Nyako and his deputy Bala James Ngillari will submit its report on Monday.
The secretary of the committee Mr Eston Binanu, made the disclosure to LEADERSHIP correspondent via telephone yesterday.
The secretary of the panel said that the panel would be fair to all parties, adding that it is criminal for anyone to try to speculate on the outcome of the panel’s sitting until the panel makes its verdict known.
The position of the secretary was coming against the backdrop of speculations that both the governor and his deputy may be indicted by the panel as the duo refused to appear before it.
The committee rounded off its sitting on Saturday following the refusal of Nyako and his deputy to grace the sittings of the panel which commenced on Friday.
After waiting in vain for the representatives of the governor and the deputy governor, the panel went ahead to watch a video clip tendered as exhibit and also cross-examined the only witness presented by the House, Mr Wafarninyi Theman.
Counsel to the assembly at the Saturday sitting, Hussaini Maidawa and Leonard Nzadon, who led Theman in giving evidence, concluded their respective presentations by urging the panel to take their applications against the governor and deputy governor as a proven case of the allegations raised against them.
In his response, the chairman of the panel, Mallam Buba Kaigama, said the panel would take its time to do a thorough job and come up with a fair verdict.
While explaining the reason for the failure of Governor Nyako to grace the sitting, the director of press and public affairs to the governor, Mallam Ahmad Sajoh, said the process of the impeachment was premised on illegality and, as such, they could not grace it.
He faulted the then acting CJ for setting up the panel after giving a verdict preventing the House of Assembly from serving the governor the impeachment notice through substituted means, only for him to jettison the ruling made by himself and constituted the seven-man panel based on the substituted service to Governor Nyako and his deputy.
Sajoh described the action as double standard. (Leadership)
Adamawa State Governor Murtala Nyako yesterday swore in 36 Development Area Administrators.
He also inaugurated four Permanent Secretaries and a Special Adviser.
The former state Secretary of the Peoples Democratic Party (PDP), Mr. P. Elisha, whose nomination was earlier rejected by the lawmakers as a commissioner, was sworn in as Senior Special Assistant on Government Affairs.
The governor urged the appointees, especially the development area administrators, to remain focused on providing dividends of democracy to the people at the grassroots.
Nyako called for mass mobilisation to sustain the peaceful coexistence among the diverse people in the state.
The action of the governor is believed to be part of the deals agreed with the lawmakers to stop the impeachment process initiated against him.
The governor’s refusal to endorse the list of the development area administrators was part of the issues that led to the impeachment move.
Nyako, who last week relocated to Abuja, is believed to have met with some of the lawmakers, including Speaker Umaru Fintiri.
It is not clear whether the governor will appear before the panel set up by the House of Assembly to probe the allegations of misconduct against him and his deputy Bala Ngilari. He is due to appear today.
Also yesterday, some of the lawmakers, who are part of the impeachment move against the governor, are facing the wrath of their constituency members.
The embattled Adamawa State Governor, Alhaji Murtala Nyako, on Wednesday, vowed not to appear before the seven-member investigative panel set up by the immediate-past Acting Chief Judge of Adamawa State, Justice Ambrose Mammadi.
Nyako spoke through his Director of Press and Public Relations, Ahmad Sajoh, via the telephone with one of our correspondents.
The governor spoke just as the panel set up to investigate allegations against him and his deputy, Mr. James Ngilari, secured a new venue for its sitting.
The panel was thrown out of its former venue, the J&J Holiday Villa by the owners who cited security concerns.
The hotel management was said to have rejected the panel on the grounds that a large presence of soldiers at the venue would scare away customers from the hotel.
The committee was also turned back at others hotels in Yola, which it contacted, after it was ejected from J & J Holiday Villa.
The panel was rebuffed at the Nigeria Labour Congress Club and Nigeria Union of Journalists Press Centre.
Members of the panel spent the better part of Tuesday, searching for alternative venues but failed to secure one after they were turned down by other organisations.
Reprieve came the way of the panel on Wednesday, after the Medical and Health Workers Union of Nigeria agreed to allow the panel use its conference hall for its deliberations.
The decision of the union to allow the panel use its facility is also a subject of controversy as the state chairman of the union, Mr. Jeremiah Nkyekwar, told reporters he was not aware of any agreement to allow the panel the use of the facility.
The panel has, in continuation of its activities, announced Friday, July 11, 2014 as the date for its next sitting.
A notice to this effect was pasted on the gate of Government House Yola, at about 3: 45pm.
But armed riot policemen prevented journalists from approaching the gate to read the contents of the notice as of the time of filing this report.
Nyako, however, said he had no intention of honouring any invitation by the panel because “it is an illegal body which has no basis in law.”
Speaking through Sajoh, Nyako said, “They are not supposed to paste the notice. They are supposed to serve it. Besides, the panel was illegally constituted because those behind it ignored a subsisting court order.
“The composition of the committee itself is faulty indicted persons as well as card carrying members of the Peoples Democratic Party are among the panelists.”
Seemingly unperturbed by happenings at home, Nyako who was in Abuja to attend the inauguration of the Steering Committee of the Safe School Initiative at the Presidential Villa, told State House correspondent’s that the situation was under control.
He told reporters that the matter had not reached a point where he would call on President Goodluck Jonathan to intervene.
When asked to confirm if he had been trying to reach out to the President for his intervention, the embattled governor simply said, “Not yet. It has not reached that crisis point.”
The governor, however, said he would not hesitate to seek Jonathan’s assistance whenever he felt the need to do so.
“We have supported him (the President) all this time; he has supported us and in situations like these, when Mr. President’s support is required, we will seek it,” he said.
When confronted with media reports that two former leaders had approached the President on his behalf, Nyako simply said, “That will be excellent!”
He expressed the belief that the lawmakers would follow due process in their activities since issues bordering on the impeachment move were already in court.
Nyako said “Well, it is in the court and the court said it was not well done. We are hoping that if they want to do it, they will do it following the normal process in whatever they want to do.”
Armed soldiers have taken over the residence of the Acting Chief Judge of Adamawa State, Justice Ambrose Mammadi, as the plot to impeach Governor Murtala Nyako and his deputy, Bala Ngillari, thickens.
This came amid the allegation that the Acting Chief Judge made the list of the seven-man committee to investigate the governor and his deputy at gun point.
When Sunday Vanguard visited the private residence of Mammadi, located at Masakare area of Jimeta, Yola, Adamawa State capital, yesterday, armed soldiers were seen patrolling the street.
The soldiers kept away strangers, vehicles and pedestrians from plying the street.
Our findings also showed that the seven-man investigation panel was selected and sent to the Acting Chief Judge by the House of Assembly for ratification and announcement.
The other issue over the impeachment is the composition of the panel members.
It was alleged that the panel is composed of five Christians and two Muslims, ostensibly to clear the deputy governor and cage the governor.
Meanwhile, the tenure of the Acting Chief Judge expires today just as it was alleged that the process of the impeachment which is the inauguration of the investigation panel is scheduled for tomorrow.
A source said: “The acting CJ had no choice but to carry out the ‘order from above’ and save himself from persistent intimidation and harassment from a Brigade Commander.
”What is happening is that they have made up their mind to strangulate everyone to ensure that Gov Nyako is thrown out and be arrested and treated as a common criminal for leaving PDP and joining APC and having the courage to speak out when it mattered.”
It was learnt that the Adamawa governor was left with no option than to go on appeal against the decision of the CJ to raise the panel to probe him without being served as required by the law.
•Presidency has no hands in my impeachment saga, Nyako
There was pandemonium at the Adamawa State Government House, yesterday, when some state commissioners and other top government officials were physically manhandled by supporters of Governor Murtala Nyako for allegedly working with the members of the House of Assembly to impeach the governor and his deputy, Mr James Ngilari.
This was even as Governor Nyako, has said that the Presidency had no hand in the impeachment saga as earlier stated by his officials.
He also berated the state House of Assembly over his problems wondering why the legislators who had passed a vote of implicit confidence on him about three months ago, suddenly turned round to initiate impeachment proceedings against him over issues that were not weighty enough.
The House of Assembly had on Tuesday asked the state Acting Chief Judge to constitute a seven-man impeachment panel to investigate a 20-point allegations of financial fraud and mismanagement made against him by 20 out of the 25 members assembly.
Some of those attacked included the Commissioner for Labour and Productivity, Hamidu Lawan, his counterpart in the Ministry of Environmnt, Mrs Arziki Sawa as well as the Commissioner for Agriculture, Mrs Lucy Ishaku among other top government officials.
Trouble started for the commissioners and other top government officials moments after Nyako arrived Government House and the top officials were spotted trooping in to show solidarity with him.
However, the governor’s supporters were said to have accused the embattled commissioners and top government officials of allegedly back-stabbing Nyako and Ngilari as the impeachment moves gathered momentum.
’’You are saboteurs! You are saboteurs!! rented the air as the commissioners were manhandled one after the other, thereby causing confusion and commotion within the Government House. .
Apart from physically beating up the commissioners, some of them had their official vehicles either smashed or burnt.
Meanwhile, Governor Nyako, who returned to Yola after two weeks of stay in Abuja, has said that the Presidency had no hand in the impeachment saga as earlier stated by his officials.
The governor said that the rift between him and the legislators was purely Adamawa- related issues which would surely be resolved soon.
Nyako, who returned to a rousing welcome by his political associates and admirers, lauded the people of the state for their calmness and peaceful co-existence since his problems began.
He dismissed the allegations of misconduct levelled against him by the legislators saying that they were not weighty enough to elicit impeachment.
Nyako further accused the House of Assembly of not coming straight with his alleged offences.
A High Court sitting in Yola has thrown out an application filed by the Adamawa State Governor, Murtala Nyako, seeking to restrain the state House of Assembly from commencing impeachment process against him until the determination of the substantive suit.
Justice Ambrose Mamadi, who is the acting Chief Judge of the state, said this while ruling on the application filed by Kanu Agabi SAN, on behalf of Nyako on Thursday.
Mamadi in his ruling argued that the lawmakers did not breach any provisions of Section 188 of the 1999 Constitution as amended.
He added that the application was aimed to pre-empt the legislators, who had 24 hours earlier instructed the acting CJ to constitute a seven-man panel to investigate the 20 charges of gross misconduct levelled against the governor and another six counts of similar charges brought against the deputy governor.
Responding to the ruling counsel for Nyako, Agabi who was represented in court by Mr. Ayo Akam, said it did not affect the substantive suit.
It will be recalled that the state lawmakers had two weeks ago ordered the Clerk of the state House of Assembly to serve the impeachment notices on Nyako and his deputy.
When the clerk was finding it difficult to serve them the impeachment notices, the state House of Assembly did so through the media.
Nyako, in the eight-page impeachment notice, is accused of mismanagement of public funds.
However, the Adamawa State Secretary of the Peoples Democratic Party, Tahir Shehu, said, “The ruling has cleared the coast for the lawmakers to continue with their constitutional responsibilities of checkmating the activities of government officials in the state.”
Ten out of the 25 Adamawa State Legislators have yesterday sat to pass a resolution to substitute service of the notice of impeachment against Governor Murtala Nyako of Adamawa State and his deputy, Bala James Ngillari, a lawyer.
Members of the house were recalled from their two weeks recess in order for the house to pass the resolution due to the importance of the matter at hand.
The move by the house, was sequel to the failure of the Clerk of the assembly, Mr. Francis Gbansenso, to serve the Governor and his Deputy the impeachment notice since 18th June 2014 when the house moved for the impeachment of the duo as they were said to have evaded service of the notice.
The clerk of the house had earlier been summoned into the chambers where he was asked to explain whether he was able to serve the impeachment notice on the governor and his deputy or not to which he answered in the negative.
Irked by the development, the Deputy Speaker Hon Kwamoti Laore, member representing Numan constituency, who presided over the Monday sitting, asked the clerk whether he adopted an alternative method to serve the duo with the impeachment notice which he answered in the affirmative.
The clerk said he had obtained a court affidavit from a Yola High Court which gave him the powers to serve the impeachment notice vide two National Dailies and the Nigerian Television Authority, NTA.
Gbansenso then said: “After all the efforts at serving the notice of allegation of gross misconduct against the governor and the deputy were frustrated. Iknow the two of them are out of Adamawa state and their absence from the state shall frustrate the speaker’s efforts to discharge his constitutional function of service of these notices of allegation of gross misconduct against them.
He said as a result of the difficulties, he adopted the use of the media. “The mode of service proposed is by advertising the notices of the allegation of gross misconduct in two widely circulated newspapers to wit: Daily Trust Newspapers and Leadership Newspaper. That if the notices of allegation of gross misconduct are published, in these two newspapers, the governor and his deputy shall surely have express notices of the allegation of gross misconduct against them,”
But another Yola High Court presided over by the Acting Chief Judge of the state Justice Ambrose Mammadi, on Monday dismissed an application filed by the state House of Assembly to service Governor Murtala Nyako and his deputy impeachment notice through media.
The Acting Chief Judge in his ruling said: “In view of the holding of supreme court judgment in the case of Inakoju v Adeleke to which I am bound, I refuse to exercise my discretion to grant the application sought by the House of Assembly.
“I hold that service of the notice of allegation against the respondents must be personal service. I resolved the issue for determination in the negative. I refuse and the application is accordingly dismissed.”
The member representing Hong Constituency, Mr. Wafarniyi Theman raised an issue of constitutional matter to the effect that the decision of the House to serve Governor Murtala Nyako and his Deputy were purely for their alleged gross misconduct.
PREMIUM TIMES has obtained a record of alleged massive withdrawals by officials of the Adamawa State Government on which basis the Economic and Financial Crimes Commission said it froze some key accounts belonging to the state.
Documents detailing the withdrawals are posted below.
Sources in the EFCC had told this newspaper on Friday that it moved into Adamawa State and froze the government’s bank account as a precautionary measure to safeguard the state treasury amidst evidence of looting uncovered in the agency’s ongoing investigation.
The records obtained Saturday showed that the withdrawals were facilitated or made by key officials, including the Secretary to the State Government, the State Commissioner for Finance, former Commissioner for Local Government (now Commissioner for Higher Education), the Accountant General of the State and the Permanent Secretary, Ministry for Local Government. Those officials have been arrested and quizzed.
The Adamawa State government had on Thursday raised the alarm that the federal government had frozen all the state’s bank accounts.
The move came amidst impeachment moves against Governor Murtala Nyako by the Peoples’ Democratic party, PDP-led members of the state’s House of Assembly.
The state’s lawmakers accused Mr. Nyako and Bala Ngillari, the Deputy Governor, of siphoning funds from the state’s treasury running into billions of Naira.
But the EFCC said its investigation was triggered by petitions alleging massive looting of the treasury by the governor and his cronies through an illegal department called Special Programme and Project Units, SPPU, which engaged in over invoicing and inflation of contract.
“In the course of investigation, a critical analysis of the Joint State/Local Government account reveals massive cash withdrawals,” a source at the commission told PREMIUM TIMES.
According to the source who did not want to be named because it was an ongoing investigation, the Permanent Secretary of Local Governments in the state made cash withdrawals of over N2 billion in 181 different transactions, scattered in tranches of N3 million, N4 million, N8 million and N9 million per transaction from the State/Local Government account domiciled with First Bank between 29th of August 2011 and 2012.
He also made similar cash withdrawals amounting to over N500 million between March 6, 2008, and March 4, 2011, from another Joint account domiciled in Keystone Bank, the source added.
“Other officials of the ministry who allegedly looted the Joint Account include Justina Jari, a Principal Accountant with the ministry who made cash withdrawals to the tune of N600 million from the Joint Account between October, 2009 and February, 2011.
“Another staff of the ministry, Abdulhakeem Mohammed was also alleged to have withdrawn about N3 billion from the account between February 2007 and May 2011. Two other staff, Mercy Wanje and Jumai Salihu were also said to have made withdrawals of N1 billion and N160 million from the account respectively,” the source said.
“On a single day, another staff called Haruna Hamali, a principal store officer made a cash withdrawal of over N70 million from the same account,” he said.
“The withdrawals were made and the money returned to top officials of the state government as narrated and confirmed by the officials who made the withdrawals.
“The state officials were arrested in connection with the withdrawals and other ongoing investigations,” the source added.
Wilson Uwujaren, spokesman of the EFCC, confirmed the freeze order, but declined to make further comments.
The statement titled, “Pull back Nigeria from the brink,” is his first formal reaction to the removal of Murtala Nyako as Adamawa State governor and the threat of impeachment against Governor Umaru Al-Makura of Nasarawa State.
The opposition party had alleged highhandedness on the part of the Presidency and the PDP, while its leaders were said to have decided on a three-way approach towards staving off impeachment against their governors.
Investigations revealed that several meetings were held between the president and those opposed to Nyako, and that Jonathan insisted that the leaders must work with the governor and give him another chance in view of the agreement that the PDP had resolved to return all its governors for second term. But, it emerged that Nyako would join the aggrieved camp of the PDP governors under the aegis of G7 agitators. Nyako is one of the five of the G7 members, who defected to the opposition All Progressives Congress (APC) in November 2013.
While the treason charges against the former governor is billed to take off in one court, the Economic & Financial Crimes Commission, EFCC, would be prosecuting Nyako in another court for allegedly looting funds of the state said to have been stashed in a local bank.
Fons disclosed that the leaders, which included himself, were led by Prof. Jibrin Aminu.
The secretary of the committee Mr Eston Binanu, made the disclosure to LEADERSHIP correspondent via telephone yesterday.
The move by the house, was sequel to the failure of the Clerk of the assembly, Mr. Francis Gbansenso, to serve the Governor and his Deputy the impeachment notice since 18th June 2014 when the house moved for the impeachment of the duo as they were said to have evaded service of the notice.
Sources in the EFCC had told this newspaper on Friday that it moved into Adamawa State and froze the government’s bank account as a precautionary measure to safeguard the state treasury amidst evidence of looting uncovered in the agency’s ongoing investigation.