The assembly based its submission on section 188, subsection 3 & 4 of the Nigerian constitution of 1999 as amended as it said, it had formed the two-third majority required by law, which is 20 out of 25 lawmakers, in the assembly, who had appended their signatures for the governor and his deputy to be investigated.
During the plenary session, the Speaker of the assembly, Hon. Umaru Fintiri, called each member one after the other publicly to ascertain whether the signatures appended to oust Nyako and his deputy were theirs so as dispel the allegations that some members had withdrawn from the impeachment moves and the 20 members including the speaker openly agreed before the public that it was their signatures and that they were determined to continue the impeachment process.
The proceedings of the panel is expected to be held in public and shall be conducted from of 9 a.m to 5p.m. each day for seven days.
The Speaker also said the decision was taken because of the failure of Nyako and Ngilari to defend themselves oin all the charges levelled against them by the assembly, adding that all constitutional process at their disposal had been done to that effect.
Fintiri explained that among other things, by law, two-third of the lawmakers had signed that the two principal executive officers be investigated by the panel to be constituted by the acting Chief Judge of the state.
During the sitting, the assembly also adopted the Panel of Investigation Rules of Procedure of the state, which should include a chairman, secretary and five others, and should adopt ordinary rules of fair hearing.
He said the panel would in the course of its proceedings adopt the ordinary rules of fair hearing. The panel may, however, at its discretion, be guided by the High Court Civil Rules of the state and the provisions of the Evidence Act of 2009.
However, the defence counsel to Mr. Ayo Akam, who held brief for Kanu Aganbi (SAN), at a Yola High Court sitting, described the action of the assembly as a contempt of court as the court had already restrained it from carrying on the impeachment process.
The High Court in Yola presided over by Justice Mamadi had last week stopped the assembly from going ahead with the impeachment moves until the matter is determine by the court.