SAN FRANCISCO, October 08, (THEWILL) – A Federal High Court in Abuja has sacked the Acting Governor of the Adamawa State, Mr. Ahmadu Umar Fintiri from office and ordered that former Governor Murtala Nyako’s deputy, Bala Ngilari be sworn in as Governor effective immediately.
The court also cancelled the planned by-election scheduled for October 11.
Ngilari had approached Justice Ademola Adeniyi through his lawyer, Mr. Festus Keyamo, to declare his letter of resignation addressed to the Speaker of the House of Assembly illegal, null and void arguing that it breached the provisions of section 306(1), (2) and (5) of the 1999 Constitution.
He also submitted that the letter, which was written and transmitted to the House of Assembly on July 14, 2014, ought to have been addressed and forwarded to the Governor who was still in office and hadn’t been impeached.
Nyako, who was impeached by the Assembly on July 15, 2014, had himself submitted to the court that he did not receive Ngilari’s resignation letter.
In a supporting affidavit, Ngilari stated as follows: “I did not submit any letter of resignation to the 5th defendant (governor) or any other person other than the 1st defendant (the Speaker).
“I only submitted a purported letter of resignation (exhibit A), to the 1st defendant but I never intended to comply with the strict provisions of sections 306 (1), (2) & (5) of the 1999 Constitution by submitting it to the 5th defendant (the Governor).
“I never intended exhibit A (the letter) to be any subject of debate or resolution by the 2nd defendant (House of Assembly), but a private correspondence between myself and the 1st defendant, hence it was marked ‘secret’.
“That exhibit A was only submitted to the 1st defendant with the intention of discussing the contents with him privately at a more convenient time to alert him at a possible action I may take at a later date because of certain political developments in Adamawa State, hence I did not submit it to the 5th defendant (as Governor of Adamawa State) as strictly stipulated by section 306(1), (2) & (5) of the 1999 Constitution.
“That I was therefore shocked to see that my letter was read and acted upon by the entire members of the 2nd Defendant when it was never addressed to them.”
He therefore sought the following declarations from the court: An order “removing the 3rd defendant (Fintiri) as the Acting Governor of Adamawa State forthwith”, and “an order directing the Chief Judge of Adamawa State (or Acting Chief Judge, as the case may be) or the President of the Customary Court of Appeal to swear” him (Ngilari) in as the state’s substantive governor.
- A declaration that by the combined provisions of section 306 (1), (2) and (5) of the 1999 Constitution of Federal Republic of Nigeria (as amended) the plaintiff (Barr. Bala James Nggilari), as Deputy Governor of Adamawa State, did not resign his office by addressing a letter of resignation dated 15th July, 2014 to the 1st defendant (Speaker, Adamawa State House of Assembly).
- A declaration that by the combined provisions of section 306 (1), (2) and (5) of the 1999 Constitution of Federal Republic of Nigeria (as amended) the purported resignation of the Plaintiff as Deputy Governor of Adamawa State did not take effect when the purported Letter of Resignation was received by the 1st Defendant (Speaker, Adamawa State House of Assembly) on the 15th of July, 2014.
- A declaration that by the combined provisions of section 306 (1), (2) and (5) of the 1999 Constitution of Federal Republic of Nigeria (as amended) the declaration of the office of the Deputy Governor of Adamawa State (then occupied by the plaintiff) vacant on the July 15th, 2014 vide the votes and proceedings of the 2nd defendant of same day is unconstitutional, illegal, null and void.
- A declaration that by the sequence of the legislative business of the 2nd defendant as contained in the transcript of the votes and proceedings of the Adamawa State House of Assembly (2nd defendant) of Tuesday, July 15th, 2014, the 5th defendant (Murtala Nyako) was still the Governor of Adamawa State at the time the 1st and 2nd defendants received, accepted and acted upon the purported letter of resignation of the plaintiff (Barr. Bala James Ngilari) to declare his seat vacant.
- A declaration that by the combined provisions of section 306 (1), (2) and (5) of the 1999 Constitution of Federal Republic of Nigeria (as amended) the Plaintiff (Barr. Bala James Ngilari) did not resign from office as Deputy Governor of Adamawa State as strictly stipulated by the 1999 Constitution of the Federal Republic of Nigeria (as amended).
- A declaration that by virtue of section 191(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), after the impeachment of Murtala Nyako (5th Defendant) as Governor of Adamawa Sate, the Plaintiff ought to be sworn in as Governor of Adamawa State.
- A declaration that by the combined provisions of section 191(1) and 306 (1), (2) and (5) of the 1999 Constitution of Federal Republic of Nigeria (as amended), the swearing-in of the 3rd defendant (Rt. Hon. Ahmadu Umaru) as Acting Governor of Adamawa State on 15th of July, 2014 is illegal and unconstitutional.
- A declaration that, by the provision of section 191(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the 6th Defendant cannot conduct any election to fill the office of the Governor of Adamawa State after the impeachment of Murtala Nyako, as the Deputy Governor (Barr. Bala James Ngilari) did not resign from that office as strictly stipulated by section 306 (1), (2) and (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Mr. Ngilari therefore urged the court to declare him substantive Governor of Adamawa State.
In his ruling, Justice Ademola agreed with Ngilari’s submission and declared his purported resignation illegal. He cited Sections 306 (1),(2),(3),(4) and (5) of the 1999 Constitution in support of his ruling.
He thereafter declared Fintiri’s swearing in as acting governor as illegal and ordered the Chief Judge of the state to swear in Ngilari as substantive Governor of the state. He also ordered the Independent National Electoral Commission (INEC) to shelve the by-election slated for October 11, 2014.
