Nyako’s impeachment: Court reserves judgment in ex- Deputy Gov’s suit

An Abuja Federal High Court on Thursday, reserved
judgment till next week in a suit filed by Mr Bala Ngilari,
Adamawa ex-Dep. Gov. under impeached Gov. Murtala
Nyako.
Justice Adeniyi Ademola reserved judgment after listening to
the submissions of counsel to different parties in the suit,
insisting that he would not give a definite date for the
judgment.
“Judgment is hereby reserved for next week Wednesday or
Thursday, that is, after the Sallah break, and definitely
before the by-election slated for Sat., Oct. 11.
“We will, in due course, accordingly, inform all parties of the
definite date for judgment,’’ Ademola said.
Ngilari had sued the Speaker, Umaru Fintiri, and the state
House of Assembly.
Fintiri, was sued as an individual and as the Acting Governor
of the state, with Nyako and INEC as co-defendants.
At Thursday’s resumed sitting, Mr Kanu Agabi (SAN), counsel
to Nyako, had earlier argued that the House of Assembly has
no powers to receive a Deputy Governor’s letter of
resignation.
“The powers that the House of Assembly purportedly
exhibited in receiving the said letter of resignation, was an
exercise in frivolity and a mere joke, as such powers are
limited.
“My submission is that the office of Acting Governor of
Adamawa remains that of James Ngilari,’’ Agabi said.
Mr Festus Keyamo, Ngilari’s counsel, argued that the House
of Assembly should produce the Certified True Copy of his
client’s resignation letter, if it was ever sent to the governor.
He said that since the former Speaker is now the Acting Gov.,
he has the powers and resources at his disposal to ensure
that the certified true copy of the said letter is produced in
court.
“The House of Assembly, therefore, concedes to the illegality
of their proceedings vis-à-vis the purported resignation; the
law is that you cannot probate and approbate,’’ Keyamo
said.
The former deputy governor, in the suit filed by Keyamo,
prayed for an order of court compelling his swearing in as
Adamawa acting governor by the Chief Judge, following
Nyako’s impeachment.
He had also sought an injunction restraining the
Independent National Electoral Commission (INEC) from
conducting the by-election for the office of the governor of
the state, slated for Oct. 11.
Ngilari also prayed the court to declare his resignation letter
dated July 14, 2014, and addressed to the Speaker,
Adamawa House of Assembly, as “illegal, null and void”.
He also contended that the letter was addressed to the
Speaker, instead of the Governor as stipulated and illegally
acted upon by the House of Assembly.
This, he said, was in breach of the provisions of sections
306(1), (2) and (5) of the 1999 Constitution.
“The constitution provides that a Deputy Governor who
intends to resign from office is strictly required by the
provisions of the Constitution to send his resignation letter
to the governor.
“The Speaker of the House of Assembly, wrongly acted on
the letter,’’ Keyamo had argued. (NAN)

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