Reacting, a legal practitioner, Chief Jibrin Okutepa, a Senior Advocate of Nigeria (SAN) described both the purported proceedings held in Karu, and the resolutions passed by the 19 members as non-binding on any system.
“They have no right to question the constitution of the panel by the Chief Judge. They have no powers over the CJ, if they have grievances arising from the action of the CJ in the CJ’s compliance with the provisions of Section 188, they have the option to go to court,” he explained.
Giving a contrary opinion however, a legal practitioner, Mr. John Matthew said although the ideal place to hold such sessions is the House of Assembly complex, however the authority of the mace legitimises their sitting so long as it was within the state.
Preparatory to his defence over allegations of gross misconduct and financial mismanagement, Governor Almakura has engaged the services of nine legal practitioners who are expected to represent him before the panel.[eap_ad_2]
The legal team includes: Chief U. N Udechukwu (SAN) lead counsel; Ms. Olufunke Aboyade, Prof. Ernest Ojukwu, Mr. Kehinde Aina, Esq, O. O. Adeleye, Esq, Olatoye Akinbode, Esq, Abdulwasi Musa, Esq, C. I Mbachu and Jamin Nwosu, Esq.
Nasarawa CJ can’t disband panel – Legal Team
Governor Umaru Tanko Al-Makura of Nasarawa State has declared as ridiculous the call by the state lawmakers for the dissolution of the 7-man investigative panel set up by the Chief Judge, Justice Suleiman Dikko, to investigate the state governor for alleged constitutional breaches.
Chief Udechukwu Nnoruka Udechukwu, SAN, counsel to the governor, who is leading a team of Olufunke Aboyade, SAN, Ernest Ojukwu and others said that under the constitution the lawmakers could not ask for the dis – bandment of the panel.
According to him, even the chief judge, who constituted the panel could not disband it unless a court of competent jurisdiction ordered him to do so.
He further said that impeachment process in Nigeria was strictly governed by the constitution adding that with regard to the Office of a State Governor the relevant provisions were contained in Section 188 (1) to (11) of the 1999 Constitution.
“Once the Chief Judge has set up a panel of seven persons to investigate an Impeachment allegation under Section 188 (5) of the constitution at the request of the Speaker, the House of Assembly lacks any authority to call for the dissolution of the Panel set up by the Chief Judge.”
“The Chief Judge has no constitutional power to disband the panel after setting it up under section 188 (5) of the 1999 constitution.
“He can only be bound to disband the panel in obedience to a court order by virtue of Section 287 (1), (2) or (3) of the 1999 constitution.”
He said that the 20 members of the House of Assembly behind the Impeachment process were acting in bad faith, motivated by base political considerations.
“In the first place, they did not serve any notice of impeachment on the Governor. They made no rules for the Impeachment procedure and their call for disbandment of the Panel of Investigators was made outside the Legislative Chambers. What is on display is nothing short of Legislative impunity”, he added.
APC slams Nasarawa lawmakers for demanding dissolution of impeachment panel
The All Progressives Congress (APC) has slammed the PDP members of the Nasarawa House of Assembly for demanding the dissolution of the panel of seven set up by the state Chief Judge to probe the impeachment charges against Gov Umaru Al-Makura, saying the call was unreasonable, unconstitutional and too late.
In a statement issued in Abuja on Thursday by its National Publicity Secretary, Alhaji Lai Mohammed, the party said the demand by the lawmakers shows they either had a very poor understanding of the Constitution or they were blinded by their desperation to impeach Gov. Al-Makura.
‘’Either way, they have boxed themselves into a tight corner. Holding an illegal sitting in Abuja with a fake mace is as ridiculous as the demand by the lawmakers for the dissolution of the panel set up by the Chief Judge.
‘’Section 188 (5) of the Constitution is clear: ‘Within seven days of the passing of a motion under the foregoing provisions of this section, the Chief Judge of the state shall, at the request of the Speaker of the House of Assembly, appoint a panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provided in this section’.