BEVERLY HILLS, August 05, (THEWILL) – The panel constituted by the Chief Judge of Nasarawa State to investigate allegations of financial misconduct against state Governor Tanko Al-Makura Tuesday dismissed all the charges for want of proof.
The Nasarawa House of Assembly had opened impeachment proceedings against the governor over the allegations and directed the Chief Judge of the State to put the governor on trial.
The seven-man impeachment panel set up by Chief Judge, Justice Suleiman Tanko, also dismissed the impeachment notice brought against Al-Makura over the failure of the lawmakers to appear before the panel to substantiate their allegations.
The investigative panel chairman, Yusuf Shehu Usman, who noted that the Assembly did not lead ‘any iota of evidence’ in support of the 16 allegations leveled against the governor, said: “Having considered and dismissed each allegation for lack of proof, having found no merit in the allegations, the panel hereby dismiss all the allegations.”
According to Usman, “In accordance with the constitution, the panel will send its report to the Nasarawa State House of Assembly.”
Maintaining that in criminal proceeding, the onus was on the person who alleged to prove and that since the Assembly members had failed to prove the allegations, the panel said it had no choice but to dismiss the allegations.
The panel also held that in civil cases, the onus to prove was on the person who would lose if no evidence was led and that since the lawmakers failed to adduce evidence in support of the allegation, the Assembly stood to lose.
It agreed with the submission of the counsel to the governor, Chief Noruka Udechukwu (SAN) that having satisfied itself with evidence that the Assembly was served with the notice of hearing, the panel had no choice but to dismiss the allegations in its entirety.
According to the panel chairman, “Having failed to lead evidence, the panel hereby dismiss the allegations.”
He added: “It is the House of Assembly that by a motion asked the Chief judge to set up a panel to investigate the allegations contained in the impeachment notice. The chief judge complied. The panel was set up. The panel then gave the Assembly a hearing notice. It failed to appear. The panel, observing the principle of fair hearing adjourned the sitting and ordered that fresh hearing be served on the Assembly. The Assembly then appeared but said it was in protest. ”
The panel noted that the Assembly raised serious allegations of breach of the constitution by the chief judge in setting up the panel.
“But the issues raised by the Assembly are beyond our mandate. We therefore refrain from determining them. They can only be determined by a court of law,” it added.
On Tuesday, the state House of Assembly made an appearance at the Panel’s sitting after an ultimatum was given to them. Counsel to the lawmakers, Mr . Ocha Ulegede, said he came to appear in protest as he came with five other lawyers.
The Assembly said it was protesting the inclusion of two card-carrying members of the Peoples Democratic Party (PDP) and a civil servant on the investigative panel.
Citing section 188(5) of the constitution, Ulegede said the Chief Judge failed to comply with the provisions of the constitution in setting up the panel, adding that the Chief Judge’ s power was not absolute.
Maintaining that the constitution excluded three categories of people from membership of such a panel, namely members of the public service; members of the legislature and members of political parties.
He pointed out that even though the inclusion of two PDP members was to the advantage of the House, but added that the House refused to take such an advantage because it would violate the constitution.
Ulegede also said that the panel lacked the power to prepare its rules of procedure, saying only the state’s House of Assembly had the power to do so under the constitution.
He therefore argued that everything done pursuant to the illegal rules of procedure amounted to a nullity.
“Based on these grounds, we have decided not take part in the proceedings. We hereby apply to take our leave,” he said.
But the panel chairman prevailed on him to wait and hear from the other party, asking him to go to court if he was not satisfied with the composition of the panel, saying members of the panel lacked the power to dissolve the panel.
“We don’t have the power to determine the issues you raised. These are issues that should be canvassed before a court of law. Nevertheless, we have taken note of your submissions.
“But as a member of the learned profession, you know it is unethical to take your leave without listening to what the learned counsel on the other side has to say.,” he said.
Al-Makura’s counsel, Nnoruka Udechukwu (SAN), who appeared with his team , consisting of Olufunke Aboyade (SAN) and Professor Ernest Ojukwu, however said they did not object to Ulegede taking his leave, thus allowing him to leave.
Udechukwu was then asked to address the panel as the Assembly said it would no longer take part in the panel’s sitting.
Udechukwu then asked the panel to dismiss the impeachment notice in the circumstances, arguing that what the lawmakers did amounted to abandonment of the impeachment notice and the allegations against the governor.
He said that the Assembly ought to produce the rules of procedures for the panel even before calling on the Chief Judge to constitute the investigating panel. This, he said was not done as he maintained that the failure of the Assembly to produce the rules of procedures for the panel has rendered the proof of the allegations in the impeachment notice impossible.
“Section 188(8) enjoins you to make a report to the house that the allegation has not been proved. I urge you to submit in that report that the allegations have not been proved,” he said.
