By Ibrahim Abdul’Aziz and Muazu Abari, Yola
A High Court in Yola, presided over by the state acting Chief Judge, Justice Ambrose Mammadi, yesterday granted an order of interlocutory injunction restraining members of the Adamawa state House of Assembly from going ahead with the impeachment process against Governor Murtala Nyako, pending the determination of a motion on notice.
This decision followed a suit instituted by the governor through his lawyer, Chief Kanu Agabi, SAN, challenging the assembly’s decision and process adopted in the ongoing impeachment process without recourse to due process of the law.
Delivering judgement yesterday, Justice Mammadi granted all prayers of the plaintiff.
He said: “Having heard from learned counsel, I have read the motion ex-parte, affidavit file in support of the motion, exhibit MN1 and MN2 respectively.
“I have read the written address filed with the motion ex-parte. I have also read the reliefs sought in the originating summons.
“I have read the grounds for the application.
“From the affidavit evidence, the exhibit and the ground for this application, I hold that applicant’s case for the grant of the prayers sought in the motion ex-parte is granted as prayed.
“I make the following: an order of interim injunction restraining the defendants/respondents, whether by themselves or by their agents or servants, from taking further actions towards impeaching or removing the plaintiff/applicant from office as the governor of Adamawa state, pending the determination of the motion on notice. “An order serving the ex-parte order of interim injunction on the defendants personally and or by pasting same at the entrance gate to the Adamawa state House of Assembly complex.”
This judgement is coming barely one week after 11 out of the 25 assembly members, including some lawmakers who initially signed the impeachment notice on the governor, had backed out of the plot and barely three days after the assembly flouted a court order by going ahead to serve the governor the impeachment.
Similarly, the state chapter of the All Progressives Congress in (APC) has instituted a case against the three APC lawmakers in the assembly who recently defected to the PDP, asking the court to declare their seats vacant in line with the relevant sections of the Constitution.
The party is also asking the court to declare their participation in the House’s activities, including its resolution and endorsement of the impeachment notice on the governor, as null and void.
Shedding more light on this after the judgement, the lead counsel to the APC, Barrister Jerry Owen, told journalists that their decision to challenge the defection of the three APC lawmakers was due to the fact that there were no crises in the party prior to their defection.
He expressed confidence that the court would do justice to all parties involved.
