INEC cancels Saturday’s bye-election
Nyako hopeful of return
By Muazu Abari, Yola, Ameh Ejekwonyilo, Bode Olagoke and Abdullahi Gulloma, Abuja
The former deputy governor to impeached Governor Murtala Nyako, Barrister Bala Ngilari, was yesterday sworn in as substantive governor of Adamawa state.
This followed a federal high court ruling which sacked the state acting governor Hon. Ahmadu Fintiri from office and ordered for the cancellation of the gubernatorial bye election initially slated for this Saturday in a suit filed by Ngilari over his purported resignation.
Delivering judgment yesterday, Justice Ademola said the swearing-in of Fintiri as Acting Governor was “illegal and unconstitutional.”
He said: “Ngilari did not resign on July 15, 2014 as provided in Section 306 (1) (2) and (5) of the 1999 Constitution of the Federal Republic of Nigeria.
“The said letter of resignation fails to satisfy the requirement of Section 306 subsection (1), (2) and (5) of the 1999 Constitution of the Federal Republic of Nigeria.”
The court held that it was not the duty of the Adamawa State House of Assembly to receive and act on a letter of resignation from the deputy governor.
Justice Ademola added that the court took judicial notice of the fact that Nyako in his affidavit of fact deposed to by Ahmad Sajo, his Chief Press Secretary stated categorically that the deputy governor did not tender any resignation letter to him, adding that Ngilari too, denied serving Nyako with any letter of resignation.
The ex-Deputy Governor had in the suit filed by Festus Keyamo, prayed for an order of court compelling his swearing-in as Adamawa Acting Governor by the Chief Judge, following Nyako’s impeachment.
Ngilari had sued the Acting Governor, Umaru Fintiri, the House itself, Nyako and Independent National Electoral Commission (INEC) as defendants.
He had also sought an injunction restraining INEC from conducting the bye-election for the office of the governor of the state, slated for Oct. 11, 2014.
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.
At the final adoption of arguments in the case , Mr. Kanu Agabi, SAN, counsel to Nyako, had earlier argued that the House of Assembly had 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.
This, he said, was in breach of the provisions of Sections 306(1), (2) and (5) of the 1999 Constitution.
The oath of office and oath of allegiance was administered on the governor at around 3pm by the president customary court of appeal Justice Lawal Audu Lagare amidst fanfare and celebrations by supporters and well wishers.
In his acceptance speech, Governor Bala Ngilari attributed his victory to God and the people of the state describing it as a new dawn in the history of Adamawa.
“Today by divine providence is the beginning of a new dawn in the history of our dear state. The events of the past few months culminating in the ceremony we have just witnessed could not have happen without the fore knowledge of God. The only books of both religions subscribed to the fact that, power belongs to God and he give it in trust to whoever he want,” Ngillari stated.
He promised to work in partnership with all citizens of the state to address the various challenges bedeviling the state which he described as daunting even as he identified insecurity, hunger, poverty, disease as some of the challenges facing his administration but assured that he will not disappoint the people of the state. Ngilari, further said the people should rise above primodial differences of religion, ethnicity and political affiliation and build a society based on principle of equity and justice even as he pledges to run an open, transparent and all inclusive government that will give hope to the people and guarantee the future of the youth.
In another development, Governor Bala Ngilari has appointed Alhaji Tijjani Chibadu as the new Chief of Staff to Government House to replace Prof. Maxwell Gidado the Chief of Staff to acting governor Fintiri, who was relieved of his appointment with immediate effect.
Meanwhile, the sacked acting governor Ahmadu Umaru Fintiri has started parking his belongings out of the government house Yola even as his lawyer vowed to appeal.
When journalists visited his house within the premises of the government about four Prado jeeps were seen loading Ghana must go bags and other properties belonging to him and his family out of the government house.
Meanwhile, federal government has directed the National Independent Electoral Commission (INEC) to put on hold Saturday’s planned bye-election in the state in compliance with the court judgement.
The statement, issued by the Chief Press Secretary to the Attorney General of the Federation and Minister of Justice, Adedeji Ajibade, reads in part: “The attention of the office of the Attorney General of the Federation and Minister of Justice has been drawn to the judgment of the Federal High Court Abuja, delivered by Hon. Justice Adeniyi Ademola on 8th October 2014.
“The Federal High Court by its judgement under reference nullified the swearing in of Ahmadu Umar Fintiri as the Acting Governor of Adamawa State and declared the resignation of James Bala Ngilari as unconstitutional, null and void.
“In obedience to the judgement of the court and the need to avert a vacuum in governance and possible constitutional crises, the Honourable the Attorney General of the Federation and Minister of Justice, Mohammed Bello Adoke, hereby calls on the Chief Judge of Adamawa State to immediately swear in Barrister James Bala Ngilari as the Governor of Adamawa State.
“The Chairman, National Independent Electoral Commission is also called upon in obedience to the judgement 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.”
Meanwhile, the impeached governor of Adamawa state, Murtala Nyako, has expressed satisfaction with the judgment of the Federal High Court, Abuja returning his former deputy, Bala Ngilari, to the office as Acting governor.
A statement signed by Nyako’s media Assistant, Ahmad Sajoh, said the judgement was “a further testimony that the entire process associated with his purported impeachment saga had been just series of acts characterised by extreme illegality and political brigandage.”
Nyako, who has been outside the country since his ouster from office, had faulted the procedure of Mr. Ngilari resignation. He had said his erstwhile deputy ought to have addressed his resignation letter to him (Nyako) and not the Speaker of the House of Assembly.
The court faulted the procedure in the judgement and ordered that the former deputy governor be sworn in.
“Buoyed by a system that promotes impunity and abuse of all legal and constitutional procedures, the law makers in Adamawa State took it upon themselves to abuse all known legal norms to enthrone a regime anchored on illegalities,” Nyako said.
Stating further that the judgement was the first step towards correcting the wrongs of the House of Assembly, the statement said the governor was confident that the Nigerian judiciary would further confirm the injustices associated with his purported removal was done in a manner akin to coup d’tat.
“We wish to observe that this is the first step in the judicial process of correcting the wrongs of the Adamawa State House of Assembly. We are confident that the Nigerian judiciary will further confirm the injustices associated with the purported removal of Governor Murtala Nyako which was done in a manner akin to a civilian coup d’état.
“The process of the reversal of all the series of illegalities connected with the supposed impeachment saga has only just commenced and will continue until it culminates with the return of Governor Nyako to Government House, Yola.”
The former governor congratulated Mr. Ngilari on the judgement and advised him to take up the responsibilities of his new office with his famed patience and humility.
“He should be mindful of the nature of Adamawa State as a diverse and plural society and therefore rule the people with justice, fairness and the fear of God,” the statement added.
“The new Governor is further advised to heal the deep wounds of mistrust and mutual suspicion inflicted on the people of the state by the illegal government of the Acting Governor.”
The former governor, whose tenure would have expired in May next year, called on the people of Adamawa State “to remain calm, law abiding and to extend all necessary support to the new leadership and to wish Barr Bala Ngillari success and God’s guidance in his new assignment.
“We also call on the people to pray for the new Governor and the State so that peace will be restored and the State returned to the path of progress, harmony and peaceful co-existence.
“We equally wish to assure the good people of Adamawa State that God willing, and in no too distant future, the Courts will return Admiral Murtala Nyako as the Governor of Adamawa state.”
