Ten out of the 25 Adamawa State Legislators have yesterday sat to pass a resolution to substitute service of the notice of impeachment against Governor Murtala Nyako of Adamawa State and his deputy, Bala James Ngillari, a lawyer.
Members of the house were recalled from their two weeks recess in order for the house to pass the resolution due to the importance of the matter at hand.
The move by the house, was sequel to the failure of the Clerk of the assembly, Mr. Francis Gbansenso, to serve the Governor and his Deputy the impeachment notice since 18th June 2014 when the house moved for the impeachment of the duo as they were said to have evaded service of the notice.
The clerk of the house had earlier been summoned into the chambers where he was asked to explain whether he was able to serve the impeachment notice on the governor and his deputy or not to which he answered in the negative.
Irked by the development, the Deputy Speaker Hon Kwamoti Laore, member representing Numan constituency, who presided over the Monday sitting, asked the clerk whether he adopted an alternative method to serve the duo with the impeachment notice which he answered in the affirmative.
The clerk said he had obtained a court affidavit from a Yola High Court which gave him the powers to serve the impeachment notice vide two National Dailies and the Nigerian Television Authority, NTA.
Gbansenso then said: “After all the efforts at serving the notice of allegation of gross misconduct against the governor and the deputy were frustrated. Iknow the two of them are out of Adamawa state and their absence from the state shall frustrate the speaker’s efforts to discharge his constitutional function of service of these notices of allegation of gross misconduct against them.
He said as a result of the difficulties, he adopted the use of the media. “The mode of service proposed is by advertising the notices of the allegation of gross misconduct in two widely circulated newspapers to wit: Daily Trust Newspapers and Leadership Newspaper. That if the notices of allegation of gross misconduct are published, in these two newspapers, the governor and his deputy shall surely have express notices of the allegation of gross misconduct against them,”
But another Yola High Court presided over by the Acting Chief Judge of the state Justice Ambrose Mammadi, on Monday dismissed an application filed by the state House of Assembly to service Governor Murtala Nyako and his deputy impeachment notice through media.
The Acting Chief Judge in his ruling said: “In view of the holding of supreme court judgment in the case of Inakoju v Adeleke to which I am bound, I refuse to exercise my discretion to grant the application sought by the House of Assembly.
“I hold that service of the notice of allegation against the respondents must be personal service. I resolved the issue for determination in the negative. I refuse and the application is accordingly dismissed.”
The member representing Hong Constituency, Mr. Wafarniyi Theman raised an issue of constitutional matter to the effect that the decision of the House to serve Governor Murtala Nyako and his Deputy were purely for their alleged gross misconduct.