Impeached Taraba Deputy Governor Reinstated By S-Court

The Supreme Court, yesterday, voided the impeachment of the Deputy Governor of Taraba State, Alhaji Sani Abubakar by the State House of Assembly.

In an unanimous judgement, a seven-man panel of Justices of the apex court held that he was illegally removed from office on the recommendation of a “Kangaroo panel”.

It ordered the appellant to resume his duties as the Deputy Governor of Taraba State forthwith.

Stressing that the appellate was denied fair hearing, the Supreme Court said it was convinced that the the seven-man panel that purportedly investigated allegations that the Deputy Governor divertee funds earmarked for Millennium Develo-pment Goals, MDGs, to his private school, Yagai Academy, “merely played out a script previously prepared and handed over to the panel”.

Besides, the apex court held that it was illegal for19 members of the Taraba State Assembly to have conducted the proceeding that culminated to the impeachment of the appellant at a guest house that belongs to the majority leader.

The court maintained that the the sitting ought to have been held at the hallowed chambers of the House, saying the conduct of the lawmakers was in breach of section 188 of the 1999 Constitution.

In the lead judgement prepared by Justice Sylvester Ngwuta,the apex court said the appellant was denied the opportunity to effectively defend himself before the panel.

“From the undisputed facts of this case, one has the inevitable but disturbing impression that the panel composed of the respondents was a mere sham and that the removal of the appellant from office was a done deal as it were. The most disturbing aspects of the Kangaroo panel is that it was headed by a man described in the process before this court as a barrister- one Barrister Nasiru Audu Dangiri.

“The third member of the panel was also described as a barrister- one Barrister R.J. Ikitausai”, Justice Ngwuta noted, saying “the harm they have deliberately perpetrated in this matter is so serious that the attention of the Disciplinary Committee of the bar ought to be drawn to it”.

According to the court: “Impeachment of elected politicians is a very serious matter and should not be conducted as a matter of course. The purpose is to set aside the will of the electorate as expressed at the polls. Whether it takes one day or the three months prescribed by law, the rules of due process must be strictly followed.

“If the matter is left at the whims and caprices of politicians and their panels, a State or even the entire country could be reduced to the status of a Banana Republic. The procedure for impeachment and removal must be guarded jealously by the courts”.

Consequently, the apex court, yesterday, vacated the judgment of the Court of Appeal Yola Division dated July 19, 2013, which had affirmed an earlier verdict of the Taraba State High Court dated March 19, 2013.

“In conclusion, based on the undisputed facts in the affidavits of the appellant, I am of the considered view that the court below ought to have resolved the issue of denial of fair hearing against the respondents and in favour of the appellant.

“The court below ought to have declared the entire proceedings of the panel made up of the respondents null and void and of no legal or factual effect whatsoever. In consequence, I allow the appeal and vacate the judgment of the Court of Appeal.

“I hereby order that the entire proceedings of the panel that purportedly, at the instance of the Taraba State House of Assembly, to investigate the allegation of gross misconduct made by the House against the appellant, the Deputy Governor of Taraba State, up to and including the incomplete and edited report relied on in removing the appellant by the House, be, and in hereby, declared null and void and of no legal or factual conse-quence whatsoever.

“In effect, at all material times, the appellant, Alhaji Sani Abubakar Danladi remained and still remains the Deputy Governor of Taraba State and he is to resume his interrupted duties of his office forthwith.

“Parties are to bear their respective costs. Appeal allowed. Proceeding and report of the Panel declared null, void and of no effect. Appellant to resume his duties forthwith as the Deputy Governor of Taraba State”, the apex court held.

The other Justices that concurred with the judgment yesterday were Justices Walter Onnoghen, Bode Rhodes-Vivour, Kumayi Aka’ahs, Kudirat Kekere-Ekun and John Inyang Okoro.

Danladi who was serving his second term as Deputy Governor of Taraba State under Governor Danbaba Suntai, had gone to the apex court to challenge the legality of his impeachment by the Assembly.

After his impeachment, Alhaji Garba Umar took over as the Deputy Governor of the state.

However, following the involvement of Governor Suntai in an air accident that left him incapacitated, Umar took over as the Acting Governor of the state, a position he occupied until yesterday when he was sacked by the Supreme Court.

Members of the State Assembly had on Septem-ber 4, 2012, laid before the Speaker of the House a notice of complaint of gross misconduct against the appellant. Subsequently, the House on September 18, passed a motion, pursuant to section 188(4) of the constitution, to investigate the allegations against the Deputy Governor.

Consequent upon the resolution of the House, the Speaker of the House requested the Acting Chief Judge of the state to constitute a 7-member panel to conduct the investigation.

Though the Deputy Governor filed an Originating Summons restraining the panel from investigating him, he told the court that the panel ignored his court action.

Following the refusal of the panel to allow him to call witnesses to prove his innocence, the appellant amended his suit, contending that he was denied fair hearing.

While upholding the case of the appellant, the apex court noted that the Taraba Assembly, at the lower court, relied on an incomplete and edited report, their own report, to say that the appellant did not prove he was denied fair hearing.

Cited as respondents in the appeal that was decided by the apex court yesterday were Barr. Nasiru Audu Dangiri (Chairman of the Inves-tigative Panel), Arch. Umana Binga, Barr. R.J Ikitausai,Elder Jacket Wubon, Alhaji. Mustapha Sani, Hajia Aishatu Muhammed and Mr. Julius Dawhai Kaigama, who were all members of the panel.

Meantime, in as swift reaction to the judgement, the Attorney General of the Federation and Minister of Justice, Mohammed Bello Adoke, SAN, yesterday directed the Acting Governor of Taraba State, Umar, to immediately hand over the reigns of governance of the state to the reinstated Deputy Governor, “and ensure a smooth transition process in order to prevent a vacuum in the governance of the state and guarantee the maintenance of constitutional order”.

The statement which was signed by the Solicitor General of the Federation, Mr. Abdullahi Yola further read: “The Honourable Attorney General equally calls on the Inspector-General of Police to take necessary steps toward the provision of adequate security in the state within this transition period by the Nigerian Police Force in order to prevent any breach of peace and ensure the sustenance of law and order”.