By Ikechukwu Nnochiri,& Abel Daniel

ABUJA — Embattled Governor Umaru Tanko Al‑Makura of Nasarawa State, yesterday, challenged the powers of lawmakers in the state to disband the 7‑man panel that was constituted by the Chief Judge of the state, Justice Suleiman Dikko, to probe impeachable allegations that have been levelled against him.

Governor Al‑Makura who spoke through his lawyers, yesterday, insisted that the recent call by lawmakers in the state for the disbandment of a probe panel that was constituted by the state Chief Judge meant that they are not really attuned with the modern realities of the law.

Al-Makura’s lead counsel, Chief Udechukwu Nnoruka Udechukwu, SAN, contended that under the 1999 constitution (as amended), only a competent court of jurisdiction, has the constitutional powers to sack a probe panel that has already been empaneled by the substantive Chief Judge of the state to determine whether or not he should be impeached from office.

The state lawmakers on Wednesday fled the state capital and relocated to a remote Karu Local Government where they sat for several hours at the end of which they asked the Chief Judge to reconstitute the investigating panel. They are alleging that the panel will not be fair as four members of the panel were card carrying party members while another panel members was an appointee of the state government.

The Nasarawa state government however faulted the directive of the state house of assembly to the state chief judge to reconstitute the membership of the investigative panel, saying it is unconstitutional.

Addressing a press conference in Lafia the state capital, the Special Assistant to Governor Almakura on public affairs, Hon. Abdulhamid Kwarra described the sitting of the Assembly outside the state capital and decision of the assembly as Ahigh level of legislative insanity.”

According to Kwarra, “no rule of the house permits the sitting of the assembly anywhere in the state to conduct legislative affairs of the stat,” citing a Supreme Court decision that “the assembly shall only conduct its legislative functions in a legally designated place in the state capital.”

Meanwhile the controversial 7- man panel commenced closed-door sitting yesterday at the conference hall of the state ministry of local government and chieftaincy affair in lafia.

It will be recalled that the Nasarawa state Assembly had levelled a 16‑count charge against Al‑Makura, subsequent upon which they ordered that an impeachment notice which was signed by 20 out of 24 members be served on the governor.

Remarkably, the 20 members belong to the Peoples Democratic Party, PDP, which is the opposition party in the state, while the four minority lawmakers, are from the All Progressives Congress, APC, which is the ruling party in the state.

One of the charges against Al‑Makura, include missing local government joint account fund between June 2011 and April 2012, and from January to July 2013.

It was further alleged that the governor misappropriated and misapplied funds in the joint account and local government Sure‑P fund, as well as transferring money in the account to a fixed deposit account.

Besides, the lawmakers, alleged that the governor spent N13,295,000.00 on his wife’s trips to Abuja.

According to the lawmakers, the said offences were a gross violation of section 162(7) (8) of the 1999 constitution.

Udechukwu who is leading a team of lawyers comprising Mrs. Olufunke Aboyade, SAN, and constitutional lawyer, Mr. Ernest Ojukwu to represent Al‑Makura, maintained that even the chief judge who constituted the panel could not disband it unless a court of competent jurisdiction orders him to do so.

He advised the lawmakers to revisit the provision of Section 188 (1) to (11) of the 1999 Constitution, which he said governs the process for the impeachment of a state governor.

According to the governor, “Once the Chief Judge has set up a panel of seven persons to investigate an Impeachment allegation under Section 188 (5) of the constitution at the request of the Speaker, the House of Assembly lacks any authority to call for the dissolution of the Panel set up by the Chief Judge.

“The Chief Judge has no constitutional power to disband the panel after setting it up under section 188 (5) of the 1999 constitution. “He can only be bound to disband the panel in obedience to a court order by virtue of Section 287 (1), (2) or (3) of the 1999 constitution.”

The governor through his lawyers argued that the 20 members of the House of Assembly behind the Impeachment process were acting in bad faith, saying they were being motivated by base political considerations.

“In the first place, they did not serve any notice of impeachment on the Governor. They made no rules for the Impeachment procedure and their call for disbandment of the Panel of Investigators was made outside the Legislative Chambers. What is on display is nothing short of Legislative impunity”, he added.

Meanwhile, Al‑Makura, yesterday, said he would continue to defend the mandate that was given to him in trust by the people of Nasarawa State.

He therefore urged the people of Nasarawa State to remain calm, vigilant and law abiding.

Demand for dissolution of Nasarawa impeachment panel unconstitutional ‑ APC