FALANA: Nasarawa House Of Assembly Lacks Power To Probe Gov. Al-Makura Further

Popular Lagos lawyer, Femi Falana (SAN) has said the leadership of the Nasarawa House of Assembly lacks the power to reject the report of the panel which exonerated Governor Tanko Al-Makura of alleged criminal offences.

According to a statement released to newsmen on Tuesday, 5 August, 2014 in Lagos, Falana noted that the statement credited to the lawmakers in Nasarawa state they would reject the panel’s report and go ahead with their impeachment move, was borne out of ignorance.

“It is a reckless invitation to anarchy. The impunity of the Assembly must be halted without any further delay,” the statement stated

* Lawyer Falana

The famous lawyer noted that the leadership of the Nasarawa Assembly could no longer bring charges against Al-Makura under the constitution having failed to prove its allegations against the governor.

It would be recalled that on receipt of the allegations of impeachable offences against Governor Al-Makura, the Chief Judge in Nasarawa state set up a seven-member impeachment panel in compliance with the provisions of Section 188 of the Constitution.

Falana said the panel sat on Monday and Tuesday and waited in vain for the Assembly to prove its charges against Al-Makura.

The lawyer said instead of taking up the challenge, the Assembly members shunned the panel’s invitation.

* Governor Al-Makura

“As the allegations were deemed abandoned by the Assembly, the panel rightly dismissed the charges and found the governor not guilty.

“Under the Nigerian legal system, it is trite that he who asserts must prove. Since the allegations against the governor were criminal in nature, the Assembly members were required to prove them beyond reasonable doubt.

“Since the Assembly failed to prove the allegations in any material particular, the panel cannot be faulted for dismissing them in toto.

“It is pertinent to state that by virtue of Section 188(8) of the Constitution, no further proceedings shall arise from the notice of impeachment once the governor has been found not guilty by the panel duly constituted by the Chief Judge,” Falana stated.