YOLA—THE Yola Division of Federal Court of Appeal, Adamawa State, yesterday nullified the impeachment of Former Governor Murtala Nyako.
The five Judges led by Justice Jumai Hannatu Sankey in a unanimous judgment, described Nyako’s impeachment as a high level of impunity, recklessness, rascality and a constituted gross of legislative powers by the Adamawa State House of Assembly.
The judges condemned in unequivocal terms the gross abuse of the legislative powers by the lawmakers to achieve orchestrated, premeditated and selfish motives.
They averred that the impeachment of the former governor was a misuse of the powers and privileges of the legislature and declaring the impeachment as null, void and of no effect.
Justice Tunde Awotoye while delivering his judgment, noted that the respondents took laws into their hands as they flagrantly abused the constitution of the Federal Republic of Nigeria to meet their whimsical and selfish desires.
Justice Jumai Hannatu Sankey, in her lead judgment noted the court as the last arbiter would not fold its arms and watch impunity being entrenched in the country.
She noted that the decison of the House of Assembly to ignore the constitutional provision of personal service of impeachment notice on the former governor was a misnomer to the constitution which must be uprooted.
The court ordered that Nyako be accorded all rights of the office of the governor of Adamawa State throughout his legally recognized period in office even as the court struck out the appeal of Nyako to be returned as governor of the state, as according to the court, the tenure of Nyako as governor had elapsed.
The court condemned in strong terms the arrogance of the lawmakers and some politicians who flagrantly refused to obey court orders stopping them from going ahead with the impeachment process despite the order of the high court in Adamawa State.
Governor Nyako was impeached by the Adamawa State House of Assembly on Tuesday July 16, 2014 following allegations of gross misconduct leveled against him by the House of Assembly. Jauro, Biobele Abraham Georgewill and O.A. Ogakwu.
A former Governor of Adamawa State, Murtala Nyako, who is being prosecuted along with his son, Abdul-Aziz, and others for N29bn fraud charges, has threatened to sue the Economic and Financial Crimes Commission for defaming his character while opposing his application for bail on July 8.
Nyako, who spoke through one of his lawyers, Mohammed Bakari, in a statement on Wednesday, said the anti-graft agency had defamed his character by imputing that he had a hand in the death of two of its witnesses.
Bakari said it was untrue that the witnesses died mysteriously, describing the claim by EFCC’s prosecutor, Rotimi Jacobs (SAN), and the deposition in the commission’s counter-affidavit as “baseless, wicked and unfounded allegation.”
He explained that contrary to EFCC’s insinuation, two out of the 31 persons lined up as prosecution witnesses died in hospitals after battling with certain known ailments.
He said, “They neither died at the same time nor slumped and died as insinuated by the EFCC.
“While one died in a hospital in Abuja, the other died in a hospital in Yola shortly after he returned from a complicated medical treatment abroad.
“It is therefore unfair, unjust and uncharitable to accuse Nyako and his son of the death of the two persons, who as every human being has a sure date with death.
“This is totally unethical and Admiral Nyako has already decided to sue both the EFCC and their lawyer for defamation of character.”
Private Councel to the EFCC, Mr. Rotimi Jacob, SAN on Friday begged the Federal High Court sitting in Abuja not to grant bail to a former governor of Adamawa State, Murtala Nyako and his son, Abdulaziz for alleged N40 billion money laundering charge.
The counsel revealed that two of EFCC key’s witnesses against Nyako had died myteriously after voluntering indicting statements against the former governor.
He stressed that, the witnesses did not die of car accident or poison but just died mysteriously.
He gave their names as Ma’aji Mohammed Iro and Abdulmalik Dalhatu.
EFCC expressed fear that if Nyako and others were granted bail, same thing may happen to the witnesss in order to stop them from coming out and as such, would be difficult to prosecute the accuse.
The Commission stressed that a freedom of Nyako and son is a threat to the lives of its witnesses, pleading to the court to exercise discretion in favour of the witnesses.
Jacob reminded the court that Nyako and his son, a serving senator who had fled the country after they were admitted to administrative bail by the EFCC may repeat the same.
EFCC further argued yesterday that there was a prima facie evidence against the accused persons as investigation had shown that former Governor Nyako diverted public funds running into billions of naira into private accounts of companies belonging to them to develop an estate in Abuja.
Expressing fear that not only the grave offence committed by them but also the massive and incontrovertible evidence already piled up against them would tempt them to bolt away, Jacobs added that hiring 15 lawyers to defend the case was an evidence that the accused were ready to do anything to get off the hook anyway, anyhow.
EFCC suggested to the court to issue an order of accelerated hearing in the case and hear the matter day to day instead of releasing them to the free world and pose threat to its witnesses.
But three hours after the plea, the trial judge, Justice Elvis Chukwu, notwithstanding the litany of reasons given by EFCC yesterday admitted them to bail, albeit attached stringent conditions to the bail.
The accused persons were admitted to bail in the sum of N350 million each totalling N1.4 billion with two sureties in like sum each, one of which must be a serving director in the federal civil service.
They were also ordered to drop their international passports and other travel documents in their possession with the deputy registrar of the court if they must breathe air of freedom.
Justice Chukwu held that the stringent conditions were attached to ensure that they would attend court so that trial would not be delayed.
EFCC had, on Wednesday, arraigned Nyako, his senator son and two other individuals alongside four corporate persons on 37 count charge bothering on money laundering.
Others listed on the charge sheet filed by Yusuf Ali, acting deputy Director of Legal and Prosecution Department of EFCC as co-accused are: Zulkifikk Abba; Abubakar Aliyu; Blue Opal Limited; Sebore Farms and Extension Limited; Pagoda Fortunes limited; Towers Assets Management Limited and Crust energy Limited.
The accused persons however, pleaded not guilty to all the charges.
When the matter came up yesterday, defence counsel, Kanu Agabi, SAN, brought an application for bail for the accused, dated July 10 and filed on the same day.
Agabi predicated the application on Section 118 (2) of the Criminal Procedure Act and Section 35 of the 1999 Constitution, arguing that what the prosecution emphasised in its opposition is that the accused will not come for trial if granted bail.
He said that contrary to EFCC’s fear, the accused persons were happy to stand trial because it afforded them a rare opportunity to clear themselves
A Federal High Court in Abuja on Friday granted bail to a former governor of Adamawa State, Murtala Nyako, and his son, Abdul-Aziz, and others being prosecuted along with him for about N29bn fraud charges.
Governor Nyako
The bail was granted to the four accused persons in the sum of N350m each with each of the four accused persons required to produce two sureties each or one surety who must be a serving director in any Federal Government establishment.
The sureties to be produced must also have landed property in the Abuja Municipal Area Council, which the court ordered must be verified by the court bailiff.
The sureties are also expected to swear an affidavit of means.
Justice Evoh Chukwu, who in a ruling dismissed the objection of the Economic and Financial Crimes Commission on Friday, also ordered the accused persons to deposit their passport and other travel documents with the court registrar.
The judge had on Wednesday remanded the accused persons in the custody of the Economic and Financial Crimes Commission upon their arraignment on 34 counts of money laundering and fraud instituted against them.
Nyako, who was removed as Adamawa State Governor by the state House of Assembly on July 15, 2014, was arraigned along with his son, Abdul-Aziz, and others comprising, Zulkifikk Abba, Abubakar Aliyu as well as five firms.
Abdul-Aziz is the senator representing Adamawa Central in the National Assembly.
They were arraigned before Justice Evoh Chukwu for fraud amounting to N29,099,430,879.92.
Other firms arraigned along with Nyako and his son were Blue Opal Limited, Sebore Farms and Extension Limited, Pagoda Fortunes Limited, Tower Assets Management Limited and Crust Energy Limited.
The Economic and Financial Crimes Commission has arrested a former Governor of Imo State, Chief Ikedi Ohakim, and a former Governor of Adamawa State, Murtala Nyako (retd), and his son, Abdulazeez.
Investigations revealed that operatives of the commission arrested Nyako, his son and Ohakim on Tuesday evening.
An operative of the commission, who spoke on the condition of anonymity, said the two governors and Abdulazeez were being held by the commission for corruption related offences.
The Head of Media and Publicity of the EFCC, Mr. Wilson Uwujaren, confirmed the arrest of the two former governors and Nyako’s son.
He said Nyako, his son and Ohakim were billed to appear in court on Wednesday.
When asked whether the two governors and Abdulazee were in custody of the commission, he said “yes, they are due in court today.”
Our correspondent gathered that the trio might be arraigned at the Federal High Court, Abuja.
The Economic and Financial Crimes Commission has continued the interrogation of former Adamawa State Governor, Adm. Murtala Nyako(retd.).
Nyako, who was impeached last year by the state House of assembly, surrendered himself to the commissionon Monday and was grilled by operatives for eight hours and thirty minutes.
The ex-governor, who arrived the EFCC headquarters on Monday by 10am, was asked to go after a grueling process of interrogation that was suspended by 6.30pm.
However, the commission resumed the interrogation today with Nyako’s arrival at the EFCC at 10am.
Investigation revealed that operatives are still interrogating him almost three hours after his arrival at the EFCC on Tuesday.
The Head of Media and Publicity of the EFCC, Mr. Wilson Uwujaren, told our correspondent on the telephone that the former governor is a guest of the EFCC today.
He said, “I can confirm that Nyako is at the commission.”
Nigerians have reacted to the show displayed by the anti-graft agency, Economic and Financial Crimes Commission, EFCC towards the former governor of Adamawa State, Admiral Murtala Nyako.
Nyako as at yesterday submitted himself to the EFCC who had declared him wanted almost a year ago over allegation on money laundry to the amount of N15bn.
Nyako outsmarted the EFCC after plans to bring him in was concluded and hid in a country in Europe until few days ago.
Many Nigerians believe that Nyako returned to Nigeria after negotiating with top APC members who may have assured him of his safety.
Nyako who stormed EFCC around 8 o’clock in the morning on Monday was detained and questioned for 10 hours.
Some Nigerians who expressed their worries to NAIJA CENTER NEWS said they are still waiting for the change promised by Muhammadu Buhari.
President Buhari during his campaign promised Nigerians several things including fighting corruption and Boko Haram.
A Nigerian with a nickname, Sunshine said “EFCC grilling Nyako is no news. Nyako will be free in the next 24 hours.”
Another Nigerian, Oromilla who equally expressed his opinion on the development said “Grill for 10 hours only , clap for change, Nyako submitted himself after some negotiations through Atiku and co, do not be deceived by the window dressing 10 hours stay at EFCC, he was there to know when and how the case would be dropped like that of Silver, he probably stayed long because maybe he had wanted his own to be sharp, sharp as that of Silver.
omoagbala60 said “One of the soldiers of fortune that terrorized the nation in the 60’s,70’s, 80’s, 90’s. Hopefully, they will just go away. The looted wealth, to their unknowing, brought them misery through spell and curses from Nigerians that died of deprivation”Eric said ” It’s a embarrassing that our supposed leaders do not have shame. You disappeared immediately you were impeached to tin air, immediately PMB was sworn in, you took the next available flight back to surrender your self to the same EFCC that declared you wanted almost a year ago, if you were actually innocent, you wouldn’t have fled the country.. The fight against corruption starts now and we all are watching to see the change” Nigerians reacts over Nyako resurface after Buhari sworn-in
ABUJA— Embattled former governor of Adamawa State, Admiral Murtala Nyako, yesterday, surrendered to anti-graft agency, Economic and Financial Crimes Commission, EFCC, where he was quizzed for more than 10 hours over allegation of money laundering running into N15 billion.
Governor Nyako
Nyako voluntarily returned to the country following the exit of President Goodluck Jonathan. Nyako had before now blamed his travails in the hands of security and anti-graft agencies on the former President, whom he accused of persecuting him for saying that he (Jonathan) committed genocide against the North-East in the name of fighting Boko Haram.
Quizzed for 10 hours
Vanguard learnt that Nyako, who returned from self-exile on Saturday, was at the EFCC headquarters in Abuja where he was detained and quizzed for over 10 hours, yesterday.
The former Chief of Naval Staff reported to the EFCC around 10 am but was still with his hosts as at 8pm.
Neither the Chairman of EFCC, Ibrahim Lamorde, nor its spokesman, Wilson Uwujaren, was available to speak on when Nyako would be freed.
Shortly after being impeached from office in July last year, the EFCC moved against Nyako but he outsmarted them and fled to an undisclosed European country, where he had been taking refuge until last Saturday.
In January, the EFCC declared him wanted in connection with the diversion of state funds amounting to N15 billion. When he could not be arrested, his son, Abdulaziz, was declared wanted in February this year, claiming that his father used him to siphon state resources.
Several top officials, who worked under Nyako, have also been questioned by the EFCC over alleged money laundering but none has been prosecuted or convicted by the agency.
How it all began
Former Governor Nyako who was impeached by the Adamawa State House of Assembly in February was declared wanted alongside his son, Abdulaziz Murtala by the EFCC.
Charges against them, include criminal conspiracy, stealing, abuse of office and money laundering.
In his reaction, Nyako blasted the EFCC for declaring him wanted, saying the anti-graft agency’s latest ambush on him was the last kicks of a dying horse, as President Goodluck Jonathan, would soon be kicked out of office.
Nyako, who spoke through his media assistant, Ahmed Sajoh, said: “I am not aware of being declared wanted. But that is good. If you are wanted by a rogue system, it means you are a good person. Has this government gone after anybody that is bad? They only run after the good people and allow the bad people to roam around them, live happily and enjoy whatever bad things they are doing.”
Nyako said then that he was not surprised at the latest action of the EFCC and noted that many more Nigerians would be declared wanted by the government.
The EFCC had in June 2014, shortly before the former governor was impeached, frozen bank accounts belonging to Adamawa State in what it then called a precautionary measure to safeguard the state treasury amidst evidence of looting uncovered by its operatives.
The commission had alleged massive looting of the treasury by top officials of Adamawa State government under Nyako, a development that, at the time, led to the arrest and questioning of key officials, including then Secretary to the State Government, State Commissioner for Finance, Commissioner for Higher Education, Accountant-General of the State and the Permanent Secretary, Ministry for Local Government.
The EFCC said at the time that 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 contracts.
A former governor of Adamawa state, Murtala Nyako, who was impeached by the state Assembly for gross financial fraud, has returned to Nigeria from a self-imposed exile.
Governor Nyako
Mr. Nyako and his deputy, Bala Ngilari, were impeached by the Assembly under Speaker Ahmadu Fintiri.
Shortly after his removal, Mr. Nyako fled Nigeria amid speculations he was to be arrested by the Economic and Financial Crimes Commission, EFCC.
Mr. Nyako’s supporters believed the impeachment was orchestrated by the Presidency as it came shortly after the governor wrote a scathing letter accusing former President Goodluck Jonathan of carrying out genocide against the people of the north east.
The former governor left Nigeria for Germany, then England, where he had been since July 2014.
Although his deputy, Mr. Ngilari, succeeded in upturnimg his impeachment in court, Mr. Nyako was not so lucky as a Federal High Court sitting in Yola last week dismissed his suit challenging his ouster.
Mr. Nyako returned to Nigeria Saturday afternoon and was received by friends and associates at the Nnamdi Azikiwe Airport Abuja. Some of those who received the former governor were Senators Binta Garba, Abdullahi Adamu and Danjuma Goje.
Mr. Nyako played a prominent role in the emergence of the new governor of Adamawa State, Umaru Jibrilla.
He directed his supporters who formed the majority of the membership of the All Progressives Congress, APC, in Adamawa State to vote for Mr. Jibrilla in the two primary elections held in the state; first during the bye election (before it was cancelled by the court), and in the run-up to the 2015 election.
After his victory in the April 11 election, Governor Jibrilla said he remained loyal to Mr. Nyako. To prove his loyalty, he appointed three core loyalists of Mr. Nyako as part of the five appointments he made shortly after he was sworn in Friday.
Mr. Jibrilla announced the appointment of Umar Bindir as the Secretary to the government, SSG, Abdulrahman Jimeta, as Chief of Staff, Abdullahi Bakari as Principal Private Secretary, and Ahmed Mahmood as the Director of Protocol, while Yohanna Mathias was appointed as the Chief press Secretary.
The Economic and Financial Crimes Commission has declared a former Governor of Adamawa State, Murtala Nyako, and his son, Abdulaziz Murtala, wanted.
The Head of Media and Publicity of the EFCC, Mr. Wilson Uwujaren, said this in an electronic mail sent to our correspondent, in Abuja, on Wednesday.
In it, he said Nyako and his son were declared wanted for offences bordering on economic crimes.
The statement partly read, “Former governor of Adamawa State, Murtala Nyako, has been declared wanted by the anti-graft agency, the Economic and Financial Crimes Commission. Also wanted by the EFCC is the son of the ex-governor, Abdul Aziz Murtala Nyako, a retired naval officer.
“Both are wanted in a case of criminal conspiracy, stealing, abuse of office and money laundering.”
The EFCC had in July last year given the indication that it was most likely to declare Nyako wanted because he failed to honour the commission’s invitation to answer questions on how monies meant for the running of the state were spent.
Uwujaren had said then that the commission was opting for the strategy to declare Nyako wanted because he had been elusive since he was ousted from office.
“Since Nyako, was removed, he has been elusive. So, the commission has devised a strategy to declare him wanted.
“The commission is planning to declare him wanted,” Uwujaren said.
Reacting to the development, Nyako said he was not in the least surprised by the latest turn of events because the present administration had shown a disdain for honest people.
The former state governor and retired chief of naval staff spoke through his Director of Press and Public Affairs, Ahmed Sajoh, in a telephone interview.
He said, “We are not surprised but if it is true that they have done that (declared Nyako wanted), it is a good development.
“This administration does not spare good people. Show me any of the vile and corrupt people who have been declared wanted or convicted.
“Then show me the good people it has not hounded.”
The hope of a former Governor of Adamawa State, Murtala Nyako, to return to office suffered a setback as a Federal High Court in Lagos on Friday dismissed a suit seeking his reinstatement.
Governor Nyako
Justice Okon Abang who struck out the suit numbered FHC/L/CS/1180/14 for want of merit also awarded a cost of N70,000 against the applicant.
A Lagos-based lawyer, Olukoya Ogungbeje, had on August 8, 2014, filed the suit.
Following the adoption of the report of a seven-man investigation panel, which indicted Nyako of 16 counts of gross misconduct, the ex-governor was dismissed on July 15, 2014 as the governor of Adamawa State by the state’s House of Assembly.
But the lawyer, who said he filed the suit in the interest of the public, had asked the court to declare as “unlawful, unconstitutional, illegal, null and void” the impeachment proceedings and the eventual removal of Nyako.
Giving judgement in the suit on Friday, Justice Abang held that the lawyer lacked the locus standi to institute the action, adding that the suit did not qualify as public interest suit.
Stating that only Nyako had the right to challenge his own impeachment, the judge described Ogungbeje as a meddlesome interloper.
He said the applicant should have allowed Nyako to carry his own cross, rather than be crying more than the bereaved.
Abang observed that the operative word in the preamble to the Fundamental Human Rights Enforcement Procedure Rules was “may” and not “shall” which implies that not all human rights enforcement cases could not be dismissed for lack of locus standi.
“My Lords, it is my considered reasoning that this suit is not a public interest litigation as alleged by the applicant. It is not an action instituted in the interest of the public.
“It is Nyako that will benefit from any favourable judgment, and not the public, and so this matter does not rank among public interest litigation.
“The applicant cannot cry more than the bereaved and he has no justifiable reason to file this suit because as at the time he filed it, it was not established before this court that Nyako was in detention or incapacitated.
“The applicant can also not depose to an affidavit in support of this application on behalf of Nyako who is alive. The facts deposed to by the applicant amount to documentary hearsay,” the judge held.
Justice Abang went on to discountenance the service of the applicant’s processes on the respondents through the Adamawa State Government liaison office in Lagos on August 15, 2014, adding that the recipient was unknown.
Arguments had earlier been canvassed in the matter and judgment fixed before the former acting Governor in the state, Umaru Fintiri filed an application to nullify proceedings in the suit so far.
Governor Nyako
That application stalled the judgment as Justice Abang adjourned to hear that application.
The applicant (Ogungbeje), who was irked by Justice Abang’s decision, had earlier petitioned the Chief Judge of the Federal High Court, Justice Ibrahim Auta, asking that the matter be re-assigned to another judge.
But despite the petition, Justice Abang was said to have been directed to continue with the case since it was at judgment stage.
Ogungbeje had in the petition to the CJ said he had lost confidence in the ability of Justice Abang to dispense justice in the matter.
The lawyer was particularly furious with the judge for adjourning the matter till after the by-election in Adamawa State, a development which he claimed would only make the suit in court an academic exercise if allowed to stand, as election must have been conducted on October 11.
But eventually, the election did not hold, as another Federal High Court, Abuja ordered Fintiri to vacate office and ruled that Nyako’s deputy, Bala Ngilari be sworn-in, an order which had since been carried out.
In the suit in Lagos, Ogungbeje had argued that Nyako’s impeachment was a clear departure from the due process of law, and prayed the court for an order reinstating him as governor.
Specifically, Ogungbeje is seeking a declaration that the setting up of a seven-member panel by Chief Judge of the state after an order stopping the Adamawa State House of Assembly from constituting the panel was biased.
Justice Ademola Adeniyi of Federal High Court, Abuja, has ordered that the former deputy governor of Adamawa state, Mr. Bala Ngilari, should be sworn in as the substantive governor of the state.
Acting governor of Adamawa State, Umar Fintiri
The substantive speaker of the House of Assembly, Alhaji Umar Fintiri, is also mandated to vacate office as the acting governor of the state.
He ruled that the alleged resignation of Ngilari on July 14, 2014 was invalid, null and void as it breached the provisions of sections 306(1), (2) and (5) of the 1999 Constitution because it was addressed to the Speaker and acted upon by the House of Assembly.
Ngilari, through his lawyer, Mr. Festus Keyamo, had submitted that by virtue of section 191 (1) of the 1999 Constitution that after the impeachment of Governor Murtala Nyako, that he, Ngilari being the next in the line of succession should have been inaugurated as governor.
The former deputy governor further deposed that the assertion that he resigned his position as deputy governor was untenable given the claim by the House of Assembly that he, Ngilari resigned in a letter addressed to the speaker of the House of Assembly.
Ngilari had relied on section 306 (1), (2) and (5) of the 1999 Constitution of Federal Republic of Nigeria (as amended), that his resignation from office as deputy governor could only be addressed to the substantive governor at that time who he claimed was Nyako.
Nyako, in his submission to the court had also claimed that he did not accept the purported resignation of Ngilari as deputy governor.
The bye-election fixed for this Saturday, will no longer hold.
The Acting Governor of Adamawa, Alhaji Ahmadu Fintiri, said Government had concluded plans to probe former Governor Murtala Nyako over N82billion debt profile.
Governor of Adamawa State, Murtala Nyako
Fintiri announced this in a broadcast to people of the State in Yola on Tuesday.
“We shall set up a judicial panel of inquiry to probe Nyako’s administration and we shall cooperate with all anti-graft agencies to recover stolen state funds.
“This will be done through effective publicity and bring to public notice the abuses that necessitated and justified this change of government in Adamawa state.
“Furthermore, the Secretary to the State Government shall in due course, inform the world about these scandalous abuses and how the simple canon of government activities were thrown overboard,” Fintiri said.
Fintiri added that his interim administration inherited a debt profile of more than N12 billion in the statutory revenue account alongside liabilities amounting to N70 billion said to be diverted to non-viable projects.
“My administration has mapped out strategies to reinvigorate the various sectors of the economy through which dividends of democracy can reach the citizens.’’
Fintiri said he was committed to handing over a better Adamawa to the next administration.
The acting governor said local government would be treated properly as an effective tier of government through prompt release of funds.
He urged traditional rulers, religious leaders, community leaders, security agencies and the people of the state to participate fully in bringing back the lost glory of Adamawa.
At last Governor Murtala Nyako of Adamawa state has been booted out of office. Indeed this marks the end of an era. An era
Governor Nyako
characterized by a plethora of incessantly distracting political intrigues and showmanship that almost paralyzed the real business of governance in Adamawa state. Undoubtedly, there are Nigerians, especially those in the opposition political parties and their sympathizers, who understandably frown on this development in our polity and are thus inclined to believe that this is not only unhealthy for our growing democracy but equally exposes a part of the whole gamut of the changing versions of vicious political shenanigans being orchestrated by the Peoples Democratic Party and the President himself – Dr Goodluck Ebele Jonathan – which is aimed at undermining and debilitating the strength, the clout, the stronghold as well as the sphere of authorities of the states being controlled by the All Progressive Congress (APC). Similarly, there are others compatriots – consisting mainly of members of the Peoples Democratic Party and their apologists – whose perception of Governor Nyako’s political downfall borders on no other consideration than the belief that the latter has only reckoned with the reality of living out what of philosophers sometimes refer to as one’s “karmic accumulations”. Hence it is the belief of these folks that the fate which has just befallen Mr. Murtala Nyako is hardly severed from the handiwork of the transcend beings operating the phenomenon of poetic justice within the supernatural realm. Understandably, this and more are all issues that surround and speak volumes about the man now known as the immediate erstwhile Governor of Adamawa state.
Now, let us come to think of it. For the first set of Nigerians as mentioned above, there exists this seemingly indelible impression in their minds that no matter the seriousness or the credibility of the offences allegedly committed by Governor Murtala Nyako and on the grounds of which he has been booted out of office, nothing could be further from the truth vis-a-vis the time of the commission of these alleged offences. While some persons therefore query why members of the PDP who hitherto turned a blind eye to all the allegations levelled against Nyako while he was one of them and as such did not realise at the time that these charges constituted impeachable offences, others believe and argue that it was these same PDP folks who gave this hapless man (Mr. Murtala Nyako) the encouraging but misleading, bogus and elusive impression that the larger population of the people of Adamawa state and their state House of Assembly members were not only with him but in full support of his style of governance. Hence it smacks of little or no surprise that the politicking in the state got to a stage whereby even certain members of the state House of Assembly had to swim along with Admiral (Rtd) Murtala Nyako into the All Progressive Congress’ pool.
However, analysts believe that the most disturbing in all this game of gambling in Adamawa politics is the fact that the totality of the pre-defection actions and inactions of the Governor – some of which were even realised with the unalloyed/tacit support of members of the state House of Assembly – suddenly got compiled into a compendum of impeachable offences which invariably became a sort of send-off gift to Governor Murtala Nyako. This trend apparently explains why critics of this impeachment are seething with anger and consequently impelled to contend that Nyako’s only perceived sin for being “victimized” is not unconnected with his defection to the All Progressive Congress.
But could this assertion be true? Of course, supporters of Governor Nyako’s impeachment do not in any way subscribe to this line of thought or any such impression that tends to portray the impeached Governor as being punished or humiliated on account of his defection to the APC. According to the thinking here, in the first instance, the people’s mandate which confered authority on Nyako to govern the state was originally secured through platform created and offered to him by the Peoples Democratic Party and not by the All Progressive Congress. Therefore, the issue or argument about punishment or humiliation is viewed to be neither here nor there. More so, the question has been posed as to what else could justify the obvious need for the urgent removal of Governor Murtala Nyako from office than the “fact” of the diverse cases of maladministration established against him and which he implicitly aknowldged by his obdurate refusal to honour the invitation duly communicated to him in that regard by the Adamawa State House of Assembly. As the contention goes, if indeed Mr. Nyako was certain he is not guilty of the offences as charged and/or as established by the report of the panel set up by the acting chief Judge of the state to investigate him (and also by the contents of other relevant reports/documents as the case may be), it baffles and still boggles one’s mind why in his normal sense of reasoning he chose to waive his right to fair hearing as constitutionally guarranted and legitimately granted to him by the Adamawa State House of Assembly. Or, could it be the national or state leadership of the peoples Democratic Party that prevented Nyako from going to address those questions prepared and kept for his urgent attention in the State House of Assembly?
Arguably, one still wonders if it will be adjudged a “good politics” within our clime, or even else where, for either the leadership of the Peoples Democratic Party or President Jonathan himself – whom Governor Murtala Nyako had continually and, in extreme cases, unpatriotically tongue-lashed, insulted, vilified and baselessly accused – to have seen a well-presented or providential opportunity to be astutely used in dealing with Mr.Nyako and only for him (Mr. President) or his party to fritter such rare opportunity away. And if one may ask, assuming the APC were to be the party in power at the Federal level or the party enjoying the privileged majority membership of the various State Houses of Assembly spread across the federation as the status qou favours the PDP, would the former in all snicerity cause less “harm” than what the latter is expediently doing to secure or, rather, to reclaim power in more states?
surely not a handful of Nigerians are bound to differ in our individual and/or group perceptions and responses to this seeming “plight” of the impeached Governor Nyako, his party (the APC) as well as the ongoing “travails” of his former colleague in Nasarawa state, yet the plain political truth as can be found in Robert Greene’s masterpiece – THE 48 LAWS OF POWER – is that those who seek ploitical power must learn to acknowledge the positive and negative operative effects of the laws of power. little wonder that Prof. B.C. Nwankwo in his book – Authority in Government – defines politics as “all actitivities geared towards acquisition or retention of power”. Incidentally, this putatively practical definition of politics cannot operate differently in the Nigerian polity. This is why Nigerian politicians should play more politics and do more good to our democracy. And here lies the beauty of democracy as evidenced in Governor Murtala Nyako’s impeachment.
YOLA—The seven-member panel probing Governor Murtala Nyako’s alleged maladministration is expected to return to work today and may raise issues concerning his refusal to honour its invitation.
The panel had pasted the summons asking the governor to appear before it on the walls of the Government House in Yola on Wednesday and fixed today as the return hearing date for the governor, who returned to the state on Thursday morning but shunned the panellists.
The governor had given the indication that he would not appear before the panel, having gone to court to challenge the way and manner the members had violated the laws regarding the process of impeaching him and his deputy, James Ngilari.
The governor is relying on a Supreme Court ruling which provides that he should be personally served the impeachment notice, since in the eyes of the law, substituted service is not deemed as sufficient.
A copy of the summons, which was pasted on the Government House walls in Yola and obtained by Vanguard yesterday, has been dismissed by the governor as a non-service.
The summons dated July 9 and signed by the Secretary of the Panel, Mr. Binanu Esthon, had ordered the governor to appear before it.
A copy of the notice on the wall of the Government House, Yola read in part;
“Upon hearing A.K. Jingi Esq, Counsel to the panel and upon reading the provision of order 6 rule 4(1) (d) of the Adamawa High Court (civil procedure) rule 2013 and order 9 rule 1 of the Adamawa State House of Assembly, the panel of investigation rules procedure, the oral application for substituted service on the respondent with the hearing notice and all other processes of this panel is granted.
“The panel therefore orders as follows:
i)That the hearing notice and all other processes of panel on the respondent Murtala Nyako, GCON, Governor Adamawa State shall be served by pasting on the main entrance of Adamawa Government House.
ii)That the photographs of the hearing notice of any other processes on the main gate entrance of the Adamawa Government shall be taken and file in the registry of the panel.
iii) That the return date for the matter shall be Friday 11th day of July 2014.
ABUJA—Last minute spirited efforts by two former heads of state to stave off the axe of impeachment hanging over the head of embattled Adamawa State Governor, Murtala Nyako, are not yielding fruits.
The two former leaders, Vanguard learnt, went with the governor, who had worked closely with them at different times, to plead with President Goodluck Jonathan on Monday night to save the governor from being disgraced out of office.
It was learnt that at the meeting, the former leaders drew the attention of the presidency to the heightening ethno-religious tension that was building in Adamawa as a result of the move to oust the governor and the implications for the worsening security crisis in the North-East.
The two former leaders, who were in Abuja ahead of the Council of States meeting, which took place yesterday, reportedly impressed it upon President Jonathan that nothing should be done to escalate the violence in the region.
But a source close to the meeting told Vanguard last night that the President explained to the two leaders that he had no hand in the move to impeach the governor.
A source close to the president said the president upbraided Nyako for the insults he heaped on him in an offensive letter the governor wrote two months ago to his northern states counterparts, accusing the president of committing genocide in the north in the name of fighting Boko Haram.
But apparently to appease the former leaders, the Presidency was said to have told them that Nyako must first withdraw the inciting letter he wrote to the northern governors early this year and publicly apologise to Jonathan and Nigerians as a condition for intervening in the impeachment process.
However, an unrepentant Nyako was said to have stood his ground that he would rather go down than recant on the contents of the said letter, which sparked outrage when it was made public.
A source close to Nyako confirmed, yesterday, that the peace parley was deadlocked as a result of the governor’s refusal to disown the controversial letter and apologise to Jonathan.
“At that point, the governor is willing to step down rather than recant the content of the letter in question,” a loyalist of Nyako told Vanguard.
“It is true that the meeting got deadlocked at that point but another round of discussions was slated for Tuesday night (last night) but we cannot say whether the outcome will change anything,” the governor’s friend added.
Royal fathers meet to save Nyako
In the meantime, the eight first class traditional rulers in Adamawa met at the palace of the Lamido of Adamawa for hours, yesterday, in a bid to ward off impeachment of the governor.
Although the details of the royal fathers’ meeting were not made known, a reliable source confirmed that it was still part of the move by the kingmakers, who exercise a lot of influence in the state, to make members of the House of Assembly to see reason and soft-pedal on their decision to remove the governor.
The source hinted that some key lawmakers from the state were expected to meet with Nyako and some political heavyweights from the state in Abuja last night to brainstorm on the best way out of the political logjam.
The meeting, it was learnt, became imperative following the decision of the governor to resign his position since it had become clear to him that neither the lawmakers nor the judiciary was ready to follow due process in prosecuting his impeachment.
The governor reportedly told close associates that following undue pressure on the Acting Chief Judge, Ambrose Mammadi by vested interests, to reverse himself on his earlier judgement that he should be served notice of impeachment before being tried, he had come to the conclusion that he was being persecuted.
“The governor is of the view that since it is clear that both the Acting CJ and the House of Assembly are determined not to follow due process in removing him, it would be better for him to resign rather than wait for such impunity to throw the state into chaos,” a close aide of the governor hinted last night.
The governor is said to be planning to hand over the reins of power to his Deputy, Bala Ngilari, who remained in the PDP when he moved over to APC last year. The Presidency is said to be in support of the Deputy Governor taking over from Nyako because of his unwavering loyalty and support to the PDP.
But the decision by Nyako to hand over to Ngilari has rattled the Speaker, Ahmadu Umaru Fintiri, who hails from the same local government with Ngilari.
Initially, the permutation by Fintiri was that by removing Nyako and Ngilari, he would be elevated to the post of the governor but the PDP and the Presidency appear to be in favour of removing the governor and retaining his deputy.
If Ngilari is spared by the panel, it means that the Speaker will step down from his exalted position and become an ordinary member of the House of Assembly, since the speaker and governor cannot come from the same Madagali LGA of the state.
Nyako at Council of State meeting
The embattled governor, however, made a surprise appearance at the Council Chambers of the Presidential Villa this morning to attend a meeting of the National Council of State.
He was the cynosure of all eyes as his colleagues and cameramen rushed to capture his presence.
Governor Nyako appeared unruffled as he moved round to exchange banters with his colleagues and other presidential aides, including the Secretary to the Government of the Federation, Anyim Pius Anyim.
Panel yet to secure venue for meeting
Meanwhile, the seven-man panel constituted by the Adamawa State Acting Chief Judge, Justice Ambrose Mammadi to investigate Governor Nyako and his deputy, Bala Ngilari for alleged gross misconduct ran into a hitch, yesterday, as the panel was unable to secure a venue for its sitting.
Vanguard findings revealed that the J & J Hotel Villa, where the panel held its first sitting sent the panel packing, complaining that the heavy presence of security operatives had scared away customers from the hotel.
The clerk of the Adamawa House of Assembly, who was negotiating venue for the panel‘s sitting was helpless as other hotels he visited equally turned down his request for the use of their premises.
The panel, it was gathered, moved to the NLC club, where the state chairman of the NLC tactically declined, claiming to be performing the lesser Hajj (Umrah) in Saudi Arabia.
The panel’s next port of call was the Adamawa State NUJ press centre, where there were divergent opinions from the leadership on whether or not to give out the conference hall of the centre.
A former national officer of the NUJ, who was alleged to be in the fore front negotiating the usage of NUJ centre was alleged to have even made contact with the North East zonal leadership of the union on the need to compel Adamawa council leadership to release the centre to the panel.
The division within the Adamawa NUJ leadership led to an emergency state executive council meeting, where majority of the members kicked against the use of the NUJ centre for the panel sitting.
It was gathered that the Clerk of the Assembly had earlier deposited N170,000 for the NUJ centre which was later returned after the state executive council of the NUJ rejected the usage of the centre.
The panel was yet to get another venue for its sitting at press time..
ABUJA— As the gale of impeachment against him gathers momentum, Governor Murtala Nyako of Adamawa State, has gone spiritual to save his job.
The governor, yesterday, declared today and tomorrow as work free days to enable the citizens to reflect on the situation in the state and Nigeria and to offer special prayers to God for intervention.
Although the governor did not make direct reference to his current impeachment travails, it was learnt that the prayers sessions are intended to seek the face of God in thwarting the effort by the state’s lawmakers and his former party, PDP, to oust him from office.
He explained that the holidays were to give thanks to God for surviving all the challenges facing them.
As the prayer session continues, Nyako is expected to approach the Appeal Court this week to challenge the decision of the state’s Acting Chief Judge, Justice Ambrose Mammadi, to set up a panel to probe him without first being served the notice of the impeachment as demanded by law.
Nyako, it was learnt, is peeved by the action of the acting CJ, who inexplicably decided to set up a probe panel against him despite the fact that the lawmakers were yet to personally serve him the impeachment notice.
But the prayers may not do much to salvage the governor, as the seven-man panel, whose membership had already been unveiled, gets set to finish up its assignment within the week and push the governor away.
The panel, whose composition of five Christians and two Muslims is already raising eyebrows among the Muslim community in the state, is likely to wrap up its assignment and report back to the House of Assembly earlier than expected.
Although some political bigwigs in Adamawa are expected to intervene and save Nyako, his key political opponents are not likely to forgive Nyako and would push for his removal as soon as the committee turns in its report.
It is not, however, clear why armed soldiers have taken over the residence of the Adamawa CJ in Yola, the state capital.
Adamawa State House of Assembly yesterday proved its resolve to impeach Governor Murtala Nyako and his Deputy, James Ngilari, as it directed Acting Chief judge, Justice Ambrose Mamadi to constitute a seven-man panel to investigate allegations of “gross misconduct” levelled against the Governor and his Deputy, Mr James Ngilari.
The panel is expected to submit its report within one week.
The Assembly’s resolution was sequel to two documents signed and verified by the Speaker, Alhaji Umaru Ahmadu Fintiri, who is one of the 20 out of the 25-member state legislature, supporting the duo ousted.
The lawmakers, who had earlier signed the impeachment notice, reiterated their resolve to pursue the impeachment move to its logical conclusion, even as they expressed support for the Speaker’s action.
But the lawmakers may have gone against a subsisting court order, restraining them from going ahead with the planned impeachment, pending the determination of a suit instituted by the governor.
They however, explained that their decision to ask the CJ to constitute the panel was taken after both Nyako and his Deputy failed to defend themselves over the allegations of gross misconduct.
During plenary, they adopted “The Panel of Investigation Rules of Procedure of Adamawa State”, which Fintiri said should include a chairman, a secretary and five others.
“The panel shall, in the course of its proceedings, adopt the ordinary rules of fair hearing. The panel may, however, in its discretion, be guided by the High Court Civil Rules of Adamawa State and the provisions of the Evidence Act, 2009.”
The procedure also requires that evidence adduced before the panel may be oral or documentary, and that the evidence shall be led in the first instance in proof of an allegation; evidence may be led in the next instance in rebuttal of the allegation.
It also stated that the panel may regulate the time for giving of evidence or making of an application or final submission by witnesses or parties or counsel on their behalf and the panel’s decision in this regard shall be final.
Reacting, the lead lawyer to Nyako, Mr Ayo Akam, who held briefs for Kanu Aganbi at a Yola High Court sitting, described the action of the Adamawa House of Assembly as a contempt of court as the court.
“If they go ahead to pass a resolution to ask the chief judge to constitute the seven-man panel, that will be a violation of the court order,’’ he said.
The counsel added that “We will consult our clients on whether to enforce the order or let it be.”
VICE Admiral Murtala Nyako (rtd), GCON, CFR, joined the Royal Nigerian Navy in 1963, trained in United Kingdom and returned to Nigeria in 1966, fought in the Nigeria-Biafra war.
In February 1976, he was appointed Governor of the newly formed Niger State. He became the Chief of Naval Staff in January 1990, the Deputy Chief of Defense Staff two years later and retired from the Service in September 1993.
Nyako entered politics in 2006 and was elected Governor of Adamawa State in April 2007. In February 2008 the Election Petition Appeal Tribunal upheld nullification of his election, and the House Speaker James Barka was sworn in as Acting Governor. A fresh election was run, and Nyako was re-elected and resumed office on April 29, 2008. Soon after, the House initiated moves to impeach him, but was dissuaded after the personal intervention of President Umaru Yar’Adua.
In 2012 after the first tenure, he ran for a second term and was re-elected. He is sole owner of one of the largest dairy farms in the country, Sebore (EPZ) Farms, and owns the largest mango farm in the country leading to him being known as Baba Mai Mangoro, BMM.He is the President of the Horticultural Crops Growers Association of Nigeria, the Practicing Farmers Association of Nigeria and the Apex Farmers Association of Nigeria. Nyako, is therefore an accomplished Naval Officer, a very rich farmer and politician. He should be taken very seriously when he speaks. To ignore the implications of his call to the North, will be to the peril of this nation.
Governor Nyako left the PDP last year to join the APC, and has subsequently changed his thoughts about Nigeria.
In a speech in March this year in Washington D C, he accused President GEJ and key government officials of supporting state terrorism by funding and arming terrorists, adding that “ there is simply no person(s) in the North Eastern zone rich enough to foot the financial and logistic bills on Borko Haram activities, and that “ it was clear there was unhindered coordination between the activities of Boko Haram cells and strategic commanders in Nigeria’s National Defense System”. What a damaging and discouraging accusation to his erstwhile constituency, and who says he cannot foot such bills? He can, of course!
But he continued: “The initial assumption was that Boko Haram was religiously motivated. Nobody now associates the group with any religion; their targets have largely been within Muslim communities. What therefore, are the motivating factors of the so-called Boko Haram ?” And he provides the answer: “The people in the North have also begun to suspect that the objective of all this is to create enough mayhem for an excuse to deny them their democratic right to vote by cancelling the forthcoming general elections in the region and also reduce the voting power of the people there now and in the future through mass killings of its populace, especially its youth.”
Is this man not fanning the embers of violence among the Northern youth? Nyako, by our Constitution, will benefit by remaining in office if there is no election in his state! But he queries: “Is Northern Nigeria facing another demonic agenda similar to that which wiped away its political and military leaders and killed a number from the Western Region in January 1966 ?” The conjuring up of the horror of 1966 is the biggest harm to the fragile unity of Nigeria at this time. Nyako is for a split Nigeria! His New Country is The North.
In his recent Memo to the Northern Governors Forum, he alleged the following: “The protection of life and property of innocent citizens in Northern Nigeria and recognising their Human rights and voting right in the forthcoming general elections is no longer a cardinal principle of the administration (GEJ’s)”.His verdict: “The victims of the administration’s evil-mindedness are substantially Northern Nigerians. The administration is bent on bringing wars in the North….
There have also been attempts to assassinate the Senate President (Northerner) in Imo State, two Executive Governors of States in the North (the Governor of Benue State and my humble self), two of our most prominent traditional leaders (Shehu of Borno and the Emir of Kano), Senators and others, all from Northern Nigeria. This is in line with the demonic policy of the evil-few in and around the administration that have advocated how Northerners, both Christians and Muslims, are to be so dealt with, ill-treated and oppressed!”
He echoed: “It is a well-known fact that virtually all the soldiers of Northern Nigerian origin recently recruited to fight Boko-Haram have been deceived in that aspect. Virtually all the Nigerian Army soldiers killed/murdered in these operations so far are of Northern Nigerian origin”, adding that: “The North-East is under occupation .The North-West is under assault. The North is under occupation.”
If this is not treasonable, then what else is ? When will the FG do something about this type of seditious, and treasonable, conduct? Terrorism has come to roost in the North East because of this type of mindset among their leaders!
He then goofed: “Nigerians, this is the first time we have collectively elected a citizen of this country from the former Eastern Nigeria as a President. Dear citizens of Eastern Nigerian origin please note that this Federal administration under your son is giving you a very bad name! …..
If you had condemned the cold-blooded murder of political and military leaders of Northern and Western Nigerian origins in the night of 15 January, 1966 by your sons it would not have led to the subsequent massacre of the innocent and the Nigerian Civil War….Northern Nigeria is on its own.”
It is unbelievable that Nyako labours shamelessly under the wrong impression, that GEJ is an Igbo man. No wonder! His types and party cannot live with the Igbo or Southern Presidency. Let’s wait till 2019. If indeed there are many Nyakos in the North, then the die is cast for Nigeria and the Igbo man once again! But will the Igbo man see?
CLEMENT UDEGBE, a legal practitioner, wrote from Lagos
The two former leaders, 
The panel is expected to submit its report within one week.