Adamawa: By-election Stood Down, Ngilari is New Governor
A Federal High Court sitting in Abuja wednesday sacked the acting governor of Adamawa State, Alhaji Ahmadu Umaru Fintirin, and also ordered that the former deputy governor of the state, Mr. Bala Ngilari, under the impeached governor, Rear Admiral Murtala Nyako (rtd.), be sworn in as the governor of the state to serve out the term of his former principal.
The court, presided over by Justice Adeniyi Ademola, in delivering the judgment in Suit No. FHC/ABJ/CS/545/2014 between Barrister Bala James Ngilari vs. Speaker Adamawa State House of Assembly & 5 Ors. also ordered that all preparations towards the holding of the governorship by-election scheduled for Saturday be suspended.
Consequently, Mr. Ngilari was wednesday sworn in by the President of Customary Court of Appeal, Justice Audu Lawal Lagre at the Yola Government House.
The judgment followed the suit filed by Ngilari challenging his ouster from office since he did not really resign from office in accordance with constitutional provisions.
Already, the federal government has readily accepted the court ruling which marks a significant shift in the obedience of High Court Orders especially as it concerns governorship change.
Under the Obasanjo administration, the then Attorney General and Minister of Justice, Chief Bayo Ojo frequently disobeyed High Court Orders on governorship change.
Yesterday, Justice Ademola held that the purported resignation letter submitted to the House of Assembly by Ngilari was null and void because as at the time the letter was submitted, Nyako was still the governor.
The judge ordered the acting Governor, Fintirin, to vacate the governorship seat immediately.
He cited section 306 (1),(2),(3),(4) and (5) of the constitution in support of the judgment.
Ngilari had asked the court to declare him governor of Adamawa State following the impeachment of Nyako on July 15, 2014.
Shortly after the swearing in ceremony, Ngilari pledged to run an open, transparent and an all-inclusive government.
Also, Ngilari pledged to work in partnership with all arms of government in the state with the aim of combating general insecurity, poverty, and providing an enabling environment for everyone in the state to thrive.
Ngilari noted that he will build a society based on equity, justice and fair play stressing that he will do away with all primordial tendencies in his government as they will have no place in his government.
The court had earlier refused an application by Ngilari to restrain the Independent National Electoral Commission (INEC) from conducting by-election to fill the Adamawa governorship seat.
In his reaction to the judgment, Fintirin said he had instructed his lawyers led by Chief Bayo Ojo (SAN) to appeal the judgment.
Ojo, who spoke to THISDAY, said: “While we disagree with the reasoning of the learned judge because the whole world knew that the former deputy governor did actually resign through his two letters of resignation to the speaker and the former governor separately, we shall out of respect for the court not want to comment on the merits of the case.
“We are however confident that justice shall prevail at the end of the day.”
He said following the former acting governor's instruction, an appeal had been filed immediately.
He said a motion for stay of the orders of the court pending appeal had also been filed.
Ojo explained that the implication of filing a motion for stay of execution of the judgment was to ensure that the judgment was not implemented immediately.
But despite Ojo’s argument, Ngilari was sworn in as governor of Adamawa State yesterday at about 4.00pm.
Ngilari, whose office was declared vacant on July 15 by the state's lawmakers after he purportedly resigned, had filed a suit challenging the legality of his resignation.
The suit has Fintirin; the Speaker, Adamawa State House of Assembly; the state House of Assembly; former Governor Nyako; and INEC as defendants.
Ngilari, who denied resigning his position within the contemplation of the provision of Section 306(1), (2) & (5) of the Constitution, said the purported resignation letter he sent to the speaker was not meant to be acted upon by the House of Assembly.
He stated, in a supporting affidavit, that “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 of 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.”
The embattled deputy governor raised seven questions for the court’s determination, and asked the court to restrain INEC and its agents from conducting a by-election to fill the office of the governor following the impeachment of the governor and the purported resignation of his deputy.
He seeks an order “removing the 3rd defendant (Fintirin) 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 (the plaintiff) in as the state’s substantive governor.
Other reliefs granted by the court are:
• 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), 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 Nggilari) did not resign from that office as strictly stipulated by section 306 (1), (2) and (5) of the 1999 Constitution of theº Federal Republic of Nigeria (as amended).
The court, presided over by Justice Adeniyi Ademola, in delivering the judgment in Suit No. FHC/ABJ/CS/545/2014 between Barrister Bala James Ngilari vs. Speaker Adamawa State House of Assembly & 5 Ors. also ordered that all preparations towards the holding of the governorship by-election scheduled for Saturday be suspended.
Consequently, Mr. Ngilari was wednesday sworn in by the President of Customary Court of Appeal, Justice Audu Lawal Lagre at the Yola Government House.
The judgment followed the suit filed by Ngilari challenging his ouster from office since he did not really resign from office in accordance with constitutional provisions.
Already, the federal government has readily accepted the court ruling which marks a significant shift in the obedience of High Court Orders especially as it concerns governorship change.
Under the Obasanjo administration, the then Attorney General and Minister of Justice, Chief Bayo Ojo frequently disobeyed High Court Orders on governorship change.
Yesterday, Justice Ademola held that the purported resignation letter submitted to the House of Assembly by Ngilari was null and void because as at the time the letter was submitted, Nyako was still the governor.
The judge ordered the acting Governor, Fintirin, to vacate the governorship seat immediately.
He cited section 306 (1),(2),(3),(4) and (5) of the constitution in support of the judgment.
Ngilari had asked the court to declare him governor of Adamawa State following the impeachment of Nyako on July 15, 2014.
Shortly after the swearing in ceremony, Ngilari pledged to run an open, transparent and an all-inclusive government.
Also, Ngilari pledged to work in partnership with all arms of government in the state with the aim of combating general insecurity, poverty, and providing an enabling environment for everyone in the state to thrive.
Ngilari noted that he will build a society based on equity, justice and fair play stressing that he will do away with all primordial tendencies in his government as they will have no place in his government.
The court had earlier refused an application by Ngilari to restrain the Independent National Electoral Commission (INEC) from conducting by-election to fill the Adamawa governorship seat.
In his reaction to the judgment, Fintirin said he had instructed his lawyers led by Chief Bayo Ojo (SAN) to appeal the judgment.
Ojo, who spoke to THISDAY, said: “While we disagree with the reasoning of the learned judge because the whole world knew that the former deputy governor did actually resign through his two letters of resignation to the speaker and the former governor separately, we shall out of respect for the court not want to comment on the merits of the case.
“We are however confident that justice shall prevail at the end of the day.”
He said following the former acting governor's instruction, an appeal had been filed immediately.
He said a motion for stay of the orders of the court pending appeal had also been filed.
Ojo explained that the implication of filing a motion for stay of execution of the judgment was to ensure that the judgment was not implemented immediately.
But despite Ojo’s argument, Ngilari was sworn in as governor of Adamawa State yesterday at about 4.00pm.
Ngilari, whose office was declared vacant on July 15 by the state's lawmakers after he purportedly resigned, had filed a suit challenging the legality of his resignation.
The suit has Fintirin; the Speaker, Adamawa State House of Assembly; the state House of Assembly; former Governor Nyako; and INEC as defendants.
Ngilari, who denied resigning his position within the contemplation of the provision of Section 306(1), (2) & (5) of the Constitution, said the purported resignation letter he sent to the speaker was not meant to be acted upon by the House of Assembly.
He stated, in a supporting affidavit, that “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 of 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.”
The embattled deputy governor raised seven questions for the court’s determination, and asked the court to restrain INEC and its agents from conducting a by-election to fill the office of the governor following the impeachment of the governor and the purported resignation of his deputy.
He seeks an order “removing the 3rd defendant (Fintirin) 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 (the plaintiff) in as the state’s substantive governor.
Other reliefs granted by the court are:
• 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), 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 Nggilari) did not resign from that office as strictly stipulated by section 306 (1), (2) and (5) of the 1999 Constitution of theº Federal Republic of Nigeria (as amended).
Post a Comment