WINDOW ROCK, Ariz. — The Navajo Nation District Court granted a temporary restraining order, stopping further actions related to Navajo Nation President Buu Nygren’s alleged attempted unlawful removal of Navajo Nation Controller Sean McCabe and the appointment of an “Interim” Controller.
The order, issued by Judge Malcolm Begay on Oct. 17, remains in effect until the preliminary injunction hearing scheduled for Oct. 27. The Court determined that Nygren’s termination of McCabe and subsequent appointment of Alva R. Tom as “Interim” Controller violated Navajo Nation law, which requires the consent of the Budget and Finance Committee to appoint an Acting Controller.
“The Court’s granting of the temporary restraining order is a strong indication that President Nygren broke the law and that the Navajo Nation Department of Justice was wrong in advising OPVP in the wrongful termination. The Council maintains that McCabe is the lawful Controller,” Speaker Crystalyne Curley said.
The temporary restraining order prohibits the President from appointing any Acting Controller without the approval of the BFC and directs the Office of the Controller to refrain from taking actions under the authority of Tom unless her appointment is lawfully ratified and confirmed.
The 25th Navajo Nation Council maintains that the Office of the Controller must operate independently and in full compliance with Navajo Nation statutes to uphold accountability, maintain public trust, and ensure responsible management of the Nation’s financial resources
