Keyamo Decries ‘Comedy of Legal Errors’ In Adamawa Crisis, Advises President Jonathan On Way Forward

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Lagos-based legal activist Festus Keyamo today appealed to President Goodluck Jonathan not to turn a blind eye to the illegalities in the impeachment and threatened impeachment processes in the country, as they could see Nigeria sliding into chaos.

Lagos-based legal activist Festus Keyamo today appealed to President Goodluck Jonathan not to turn a blind eye to the illegalities in the impeachment and threatened impeachment processes in the country, as they could see Nigeria sliding into chaos.

In an open letter, Mr. Keyamo reviewed the situation in Adamawa State, where the deputy governor allegedly was reported to have resigned his office last week, while Governor Murtala Nyako was impeached.

He pointed out that going by the reported process in that state, the declaration of the seat of the Deputy Governor of Adamawa State vacant by the House of Assembly was illegal, unconstitutional, null and void.

“The House has no such powers and can play no such role under the Constitution,” the letter said. “The least we should have expected was for the House to impeach the Governor (assuming but not conceding that due process was followed in his case) and swear in the Deputy Governor as the substantive Governor. We were never told that he was indicted by the seven-man panel set up by the Acting Chief Judge of the State.”

He stressed that going by the provisions of sections 306 (1), (2) & (5) of the constitution, the purported resignation of the Deputy Governor never took place, or at worst, never took effect as that can only take effect upon its receipt by the governor.

Furthermore, Mr. Keyamo pointed out that with the latest developments, the new Acting Governor (who was the former Speaker), can only hold office for three months pending fresh elections.

“Even the winner of that election, by the provision of section 191(2) of the 1999 Constitution can only complete the unexpired tenure of Murtala Nyako,” he warned.  “It means if we have a governorship election in October in Adamawa State, we will have another again within four months, going by INEC’s timetable for elections next year. What a waste of public funds!”

Mr. Keyamo observed that wise counsel should follow constitutional procedure so that the Deputy Governor, Bar. Bala James Nggilari, is sworn in as the Governor, and he would nominate a deputy to join him to complete the term of office of Nyako in the next few months.

“This will save the State from unnecessary election crises and unnecessary waste of public funds by INEC,” he advised.

 

 

 

 

 

 

 

Source: Sahara reporters – http://saharareporters.com/2014/07/22/keyamo-decries-%E2%80%98comedy-legal-errors%E2%80%99-adamawa-crisis-advises-president-jonathan-way

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