Navajo Nation President Buu Nygren asked the Window Rock District Court on Monday to block legislation that seeks to remove him and Vice President Richelle Montoya from office for alleged malfeasance, misfeasance and breaches of fiduciary trust duties under Navajo Nation law.
In the filing, Nygren’s legal team raised several arguments mirroring those used by attorneys for former President Joe Shirley Jr. when he was placed on emergency administrative leave more than a decade ago.
Navajo Nation Council Speaker Crystalyne Curley defended the legislation, known as 0263-25, saying the Council is acting within its authority and responding to findings made by the special prosecutor.
“The Council is the voice for the Navajo people. An independent investigation conducted by the special prosecutor has led to multiple findings of violations of our laws that have now been filed in court. President Nygren is not above the law and needs to be held accountable,” Curley said. “The Nygren/Montoya Administration has lost the trust of the Navajo people. Their administration has been nothing short of an embarrassment for our Navajo people and our government.”
The Office of Legislative Counsel also rejected Nygren’s contention that the bill represents an “illegal power grab,” calling the claim “false, misleading, and [one that] ignores the clear authority granted to the Council under Navajo Nation law.”
Under the legislation, Nygren and Montoya would be permitted to address the removal effort before the Naabik’íyáti Committee and again before the full Navajo Nation Council. The process follows 11 N.N.C. § 240(A), which governs removal proceedings.
The filing cites Shirley v. Morgan but does not note that the decision did not invalidate 11 N.N.C. § 240(A). The Navajo Nation Supreme Court has never struck down the Nation’s removal statute, and it remains in effect, according to legislative attorneys.
The Council emphasized that the Navajo Nation government operates under a three-branch system and that no branch — including the Executive — can supersede the laws enacted by the Nation and its representatives.
“The Navajo Nation Council remains committed to upholding transparency, protecting checks and balances, ensuring due process for all officials, defending the Nation’s laws, institutions, and dignity, and representing the call of the Navajo people asking Council to remove the President and Vice President,” Curley said.
The Council said it will continue forward “in a manner that respects Diné Bii Beehazanii, the Navajo Nation Code, and the voice of the Navajo people.”