Within seven hours on Wednesday, the deputy governor of Zamfara State, Barrister Mahdi Aliyu Gusau, was impeached, Senator Hassan Muhammad Nasiha, was nominated, screened and sworn in as his successor.
The process to impeach Gusau started with the submission of the report by a seven-man panel set up to investigate alleged gross misconduct and abuse of office levelled against him to the speaker of the state House of Assembly yesterday.
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It was after receiving the report that the parliament impeached Gusau.
Our correspondent reports that the impeachment was followed by the nomination of Nasiha, a serving senator, who represents Zamfara Central as the new deputy governor of the state by Governor Bello Matawalle through a letter to the state house of assembly.
The letter was read by the speaker of the House, Honourable Nasiru Muazu Magarya and the parliament screened and confirmed the nomination of Nasiha as the deputy governor.
Thereafter, the chief judge of the state, Justice Kulu Aliyu, swore in the deputy governor.
A serving senator representing Zamfara Central Senatorial Zone, Hassan Muhammad Nasiha, was first elected senator in 2007. He was defeated by Senator Kabiru Marafa in 2011. He came back as senator after a court nullified the elections of the candidates of the All Progressives Congress following their failure to conduct primaries in the state.
Governor Matawalle said the decision to immediately swear in a new deputy governor became imperative to salvage the state from alleged incompetence, insubordination and care-free attitude of the impeached deputy governor.
It is also to end the long case of absenteeism from that office so that the constitutional duties of a deputy governor in the state can now be effectively performed, he said.
In his acceptance speech, Nasiha affirmed his loyalty to the governor and his administration.
He also said he would employ all that is in his powers to ensure that the government and people of Zamfara State succeed.
Meanwhile, reacting to the development, the opposition Peoples Democratic Party (PDP) has described the impeachment of Gusau as a threat to democracy in Nigeria and vowed to challenge the process.
PDP spokesman Debo Ologunagba told Daily Trust that what happened was not only unconstitutional but an affront to the rule of law.
“The impeachment is unconstitutional, an affront, an abuse and an attack on the rule of law, because there is a subsisting order of a court of competent jurisdiction in the Federal High Court in Abuja.
“As a nation, it is a threat to our democracy, where a chief judge who should be neutral in adjudication be part of this is a disgrace,” he said.
Reacting, Dayo Akinlaja (SAN) said since the matter was before the court, it was undemocratic for any party to take any further steps as has been done with the impeachment.
He explained that although the court cannot stop another arm of government from conducting its affairs, there should have been respect to the court’s role in the matter, adding that the court has powers to review the legal procedure adopted for the impeachment and can nullify the actions.
He said the action of the Zamfara State House of Assembly showed that Nigeria has a long way to go in the practice of democracy.
On his part, Ajibola Dalley (SAN) said the impeachment process ought to be stopped because of the doctrine of Lis Pendens (a halt to actions on the subject matter) pending the conclusion of the court case.
“Such action constitutes a breach of the orders of court particularly if there is a pending order for status quo ante,” he said.
For his part, Professor Paul Ananaba (SAN) said if the impeachment followed the right procedure under the constitution it would stand.
On whether the genesis of the impeachment, being the deputy governor’s decision to remain in a different political association from that of the governor, does not amount to constitutional breach, Ananaba said “unfortunately, the state assembly has the prerogative to determine what constitutes misconduct.”
From Shehu Umar (Gusau) Baba Martins & John Chuks Azu (Abuja)
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