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Impeachment: Al-Makura appears before panel, lawmakers absent

The Citizen by The Citizen
August 5 2014
in Governance, Uncategorized
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Nasarawa State Governor Tanko Al-Makura on Monday appeared before the seven-man panel set up by the state’s Chief Judge, Justice Umaru Dikko, to investigate allegations of gross misconduct levelled against him by the state House of Assembly.

Members of the assembly were, however, absent but given till today to appear before the panel, a situation which political analysts doubt if the lawmakers will appear before the conclusion of the hearing because the lawmakers were also not represented by any counsel at the sitting, which was held at the Conference Hall of the state’s Ministry of Local Government and Chieftaincy Affairs in Lafia, the state capital.

Al-Makura arrived   the ministry at 8.45am and took his seat at the conference hall at 9am, when the panel sitting was scheduled to start.

The panel, however, adjourned sitting till Tuesday (today) to enable the lawmakers to appear before it.

Before adjourning, the Chairman of the panel, Yusuf   Usman, said the members would carry out their duties in accordance with the laid down procedures.

“The panel decided to formulate some guidelines to guide its operation in order to allow the parties to appear before it for a smooth and orderly conduct of its proceedings.

“The Nasarawa State House of Assembly may make a formal presentation of the said allegations before the panel through an opening address either by themselves or   their counsel,” he explained.

The chairman also said the Nasarawa State House of Assembly might “adduce evidence to prove the allegations contained in the said notice of impeachment of the Governor Tanko Al-Makura of Nasarawa State, dated 14th July,2014.

Umaru said the panel might dismiss the allegations if the assembly failed to appear or to provide proof of the allegations.

“Also, where the governor fails or neglects to defend the allegations against him ,and if the panel is satisfied that he has been duly served either personally or by substituted means (as the panel may have ordered) , the panel will proceed to consider the evidence led by the   assembly and make appropriate findings.’’

The governor, during the second part of the public sitting on Monday, insisted that he was not served notice of impeachment. He said he only received the notice of the sitting.

Al-Makura said that he decided to appear before the panel to clear himself of the allegations.

The governor, who stood up and raised a voluminous copy of a statement of defence, said he had already prepared a written defence that he would present to the panel.

His lead counsel, Chief Udechukwu Udechuku (SAN), called on the panel to dismiss the notice of impeachment for want of proof of the allegations.

Udechukwu described nonappearance of the lawmakers as a disservice to the panel and Nigeria.

He urged the panel to enter a verdict of no-proof against the assembly members for not appearing to prove their allegations.

He said that Section 280 of the Criminal Procedure Act, Paragraph 7 and the guidelines of the panel were identical.

The SAN stated that if the accusers failed to turn up to substantiate their allegations, the panel or the court could dismiss the allegations.

The counsel further urged   the panel to evoke paragraph 7 (c) of the Criminal Procedure Act to give effect to the guideline to dismiss the allegations.

He said that there was proof that the assembly was served with the hearing notice but that it chose not to appear before the committee.

“I am calling on the panel to evoke paragraph 7 (c) of the Criminal Procedure Act to give effect to the guidelines to dismiss the allegations leveled against the governor because there is proof that the house of assembly was served with hearing notic,” Udechukwu said.

The chairman   ruled that though the panel would not oppose the submission of the lead counsel, it would give the lawmakers till Tuesday (today) to appear before it.

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