Legal experts fault service of impeachment notice on Al-Makura
Legal experts yesterday faulted the Nasarawa State House of Assembly for effecting service of the impeachment notice on the Nasarawa State Governor Tanko Al- Makura by forwarding the notice to the media.
Abubakar Malami during a telephone interview said that the service was invalid since impeachment process has judicial undertone.
According to Malami, whatever has to be judicially served has to be personal service and where personal service was impossible you have to have recourse to the Court.
He said without an order of court of the impeachment notice to be served in the media, the service will be invalid.
When Malami was reminded that the courts are on strike, he said that the Nasarawa State House of Assembly will have to wait for the court to resume because the House cannot recourse to substituted service without the order of court.
“They have to obtain an order of court,” he stressed.
Another lawyer Abubakar Sanni holds a different opinion. He said even though the constitution was silent on the mode of service or on the necessity for service of any kind, natural justice demands that a person whose rights are at risk should be notified properly.
“I personally think publication in a widely circulated newspaper like Daily Trust suffices, especially where personal service is difficult or impossible. Even service by email, in my view, is proper, provided it can be proved,” Abubakar Sanni said.
However Mr. Innocent Lagi, Attorney General of Nasarawa State said during a telephone interview with Daily Trust that the Gov. Al- Makura was not running away from the service of the impeachment notice.
“We intend to make justification when the chief Judge forms a panel. The judiciary was on strike, so where did the House obtain an order of substituted service? The process must be constitutional and those attempting to employ unconstitutional means are guilty of treason,” he said.