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Vive Admiral Murtala Nyako (rtd) |
COURT of Appeal sitting in Yola
on Thursday declared the impeachment of former governor of Adamawa State, Vice Admiral Murtala Nyako as unconstitutional, null and void adding that the exercise did
not follow the statutory process.
The Adamawa State House of
Assembly had on July 16 2014 impeachment the governor on the ground of what it
considered gross misconducts.
Delivering the unanimous judgment
of the five justices, Justice Tunde Ayotoye ruled that the former governor was
not given fair hearing pursuant to Section 36 of the 1999 Constitution of the Federal Republic of Nigeria, as amended which as a fundamental human right, is an essential principle of law.
The court held that the former governor was not
properly served with the impeachment notice as required by law.
Consequently, the appellate court
ordered that all the benefits and entitlements of a former governor be granted
to him accordingly. However, it refused Nyako’s prayers that he be sworn-in to
complete his 4 year tenure in office as stipulated by law. The court gave its
reason stating that the tenure of the applicant had elapsed.
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