A new chapter of politics in Adamawa state was opened on Wednesday when a Federal High Court sitting in Abuja sacked the acting-governor of the state, Mr. Ahmadu Umar Fintiri, and ordered the immediate swearing-in of the state’s embattled former Deputy Governor, Bala Ngilari.
The court further cancelled the planned by-election scheduled for Saturday 11th October.
Through his lawyer, Festus Keyamo, Ngilari had approached Justice Ademola Adeniyi seeking that his resignation be declared null and void and of no effect because it breached the provisions of section 306(1), (2) and (5) of the 1999 Constitution.
He sought to be declared the substantive governor of the state.
According to Ngilari, the letter purportedly written by him and transmitted to the state House of Assembly on 14th July 2014, should have been addressed and forwarded to the Governor and not the House. Moreover, Nyako was still in office at the period.
Also, Nyako had submitted to the court that he did not accept Ngilari’s resignation meaning that it was void according to the constitution.
While agreeing with Ngilari, Justice Ademola declared his purported resignation as illegal citing sections 306 (1),(2),(3),(4) and (5) of the 1999 Constitution.
He ordered the Chief Judge of Adamawa state to swear in Ngilari as the substantive governor of the state while asking the Independent National Electoral Commission (INEC) to stop preparation for the election supposed to hold on Saturday.
Some of the prayers granted by the court included:
1. “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).
2. 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.
3. 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 15th of July, 2014 vide the Votes and Proceedings of the 2nd Defendant of same day is unconstitutional, illegal, null and void.
4. 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 Nggilari) to declare his seat vacant.
5. 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) 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).
6. 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.
7. 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.
8. 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 the Federal Republic of Nigeria (as amended).
9. AN ORDER of injunction restraining the 6th Defendant (INEC) whether by itself, its agents, servants, privies, officers or otherwise howsoever, from conducting a bye-election to fill the office of the Governor of Adamawa State as a consequence of the impeachment of the 5th Defendant (Murtala Nyako) and the purported/unconstitutional resignation of the Plaintiff (Barr. Bala James Nggilari) as Deputy Governor of Adamawa State.
10. AN ORDER of this Honorable Court removing the 3rd Defendant (Rt. Hon. Ahmadu Umaru) as the Acting Governor of Adamawa State forthwith.
11. AN ORDER of this Honorable Court 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 in Barr. Bala James Nggilari (the Plaintiff) IMMEDIATELY as the substantive Governor of Adamawa State.”
INEC Suspends Adamawa Bye-election, as AG Backs Court Rulling
In compliance with the court order, restraining the Independent National Electoral Commission (INEC) from proceeding with the Adamawa bye-election, the commission has announced the suspension of the election billed to hold on Saturday.
INEC made the announcement shortly after the court ruling was announced and the Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke, SAN, acknowledged the court ruling, calling on the Chief Judge of Adamawa State to immediately swear in Ngilari as the Governor of Adamawa State.
“The Federal High Court, Abuja on Wednesday, October 8th, 2014, delivered judgment in Suit No. FHC/ABJ/CS/545/2014 between Barrister Bala James Nggilari vs. Speaker Adamawa State House of Assembly and five Ors,” an INEC statement signed by its secretary, H. Adamu read.
“The Court declared that Barrister Bala James Nggilari did not resign from his office as Deputy Governor of Adamawa State as required by the Constitution and granted, among others, an order restraining INEC from conducting a bye-election to fill the office of Governor of Adamawa State.
“In compliance with the court order, INEC hereby suspends all preparations for the conduct of governorship bye-election in Adamawa State, which was scheduled to hold on Saturday, 11th October, 2014.”
In an earlier statement issued by Adedeji Ajibade chief press secretary to the attorney-general, the office of the Attorney General and Minister for Justice of the federation had backed the court’s decision to immediately swear in Ngilari to avoid a vacum in the governorship post of the state.
He had also directed INEC to take cognisance of the judgement.
“In obedience to the judgment of the court and the need to avert a vacuum in governance and possible constitutional crises, the Honourable Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke, SAN, CFR hereby calls on the Chief Judge of Adamawa State to immediately swear in Barrister James Bala Ngilari as the Governor of Adamawa State,” Ajibade had said in the statement.
“The Chairman, Independent National Electoral Commission(INEC) is also called upon in obedience to the judgment of the Federal High Court to keep in abeyance all the arrangements made for the conduct of the bye-elections scheduled to take place in Adamawa State on Saturday, 11th October 2014.”
Ngilari Sworn In as Adamawa Governor
Consequently former Deputy Governor of Adamawa State, Bala Ngilari, was on Wednesday sworn into office as the new governor of the state following the sack of Umar Fintiri by a Federal High Court in Abuja.
The state acting Chief Judge, Justice Ambrose Mammadi, performed the swearing-in ceremony for Ngilari in a very short ceremony just hours after the court judgement ruling.
Prior to the ceremony, Fintiri had disclosed that he was appealing the case and that he had instructed his lawyer to go ahead with the appeal, but the Federal Government directed the acting Chief Judge of the state to swear in Ngilari as governor of the state in compliance with the judgment of the court which said Ngilari, who was said to have resigned, is the rightful governor of the troubled state.
Meanwhile, the State chapter of All Progressives Congress (APC) said the ruling by a Federal High Court sacking Fintiri is a welcome development for the state.
The state Chairman of APC, Binta Garba, said in Yola hours after the court ruling that with the outcome of Ngilari’s case, the party was hopeful that Nyako, who is also challenging his removal, would return.
“One down, we are looking to the next judgment regarding Nyako with full hope. Once more, the judiciary deserves commendation for checking impunity,” Binta said.
She also said the judgment has affected the party’s rally scheduled for the day in Yola.
“We will ask dignitaries yet to arrive to stop coming, but our flag bearer will go to the venue now to show appreciation to party faithful that turned up for the rally,” she said.
Also, the state Secretary of PDP, Tahir Shehu, called it a “win win” situation for the party since Ngilari is still a member of the party.
Adamawa: Verdict Only Delayed Wishes of the People to Oust PDP ― Atiku
Former Vice President and presidential aspirant of All Progressive Congress (APC), Atiku Abubakar has said even as he is bound as a democrat to abide by Wednesday’s verdict stopping Saturday’s governorship by-election in Adamawa State, it has only delayed the overwhelming desire of the people of the state to vote out the Peoples Democratic Party (PDP) government in the state.
Atiku in a press statement by his media office in Abuja yesterday said though he is bound to respect the decision of the Federal High Court to reinstate the former Deputy Governor of Adamawa State, Mr. Bala Ngilari as the substantive Acting Governor of the state, the verdict of the court has inevitably delayed the ouster of the PDP whenever the election is held.
“The judicial verdict that may have tacitly cancelled the governorship bye-election in Adamawa state for now was a painful development for the membership of the APC in Adamawa State.
“As leaders of the party, we shall respect the verdict of the court, but we must be quick to say that the verdict has merely delayed the overwhelming desire of the people of Adamawa State to vote for change and thumbs down the PDP imposition on a people. Clearly we in the APC had the momentum and therefore an advantage going into Saturday’s election,” Atiku said.
According to him, “The people of Adamawa want change. They expressed that desire throughout the nooks and crannies of the state as evidenced in the massive momentum going for the candidate of our party during the electioneering campaign.”
He, however, stressed that as democrats with firm believe in the rule of law, we will respect the verdict of the judiciary.
“As politicians championing the course of change for a better and prosperous Nigeria, we shall remain resolute and provide the leadership that will make it possible for the people of Adamawa State and Nigerians in general to vote for change whenever and wherever the opportunity arises,” Atiku said.
