The former deputy governor of Adamawa state, Mr. Bala Ngilari, should be sworn in as the substantive governor, a federal high court sitting in Abuja has ruled.
The court on Wednesday ruled that his purported resignation on July 14 did not follow the proper channel and he should automatically step in a governor after the impeachment of Murtala Nyako.
The bye-election scheduled for Saturday, October 11 is, by this ruling, no longer necessary as there is no vacancy to be filled.
Since Ngilari (pictured) did not defect to the All Progressives Congress (APC) when Nyako did so in 2013, he will now assume office as a member of the Peoples Democratic Party (PDP) to complete Nyako’s term in May 2015.
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He will also be eligible to participate in next year’s election to seek his first term in office as governor.
The court’s ruling also implies that the acting governor, Ahmadu Umaru Fintiri, is no longer the acting governor.
Justice Adeniyi Ademola ruled that Ngilari’s resignation was null and void.
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Ademola said that at the time the letter was written, Nyako was still governor, and it should have been acted on by him and not the state house of assembly, thus breaching the provisions of sections 306(1), (2) and (5) of the 1999 constitution.
In a suit, marked, FHC/ABJ/CS/545/14, counsel of the plaintiff, Festus Keyamo had argued that Ngilari’s resignation letter was in breach of the provisions of sections 306(1), (2) and (5) of the 1999 Constitution because it was addressed to the speaker and acted upon by the State House of Assembly.
Ngilari’s prayers read: “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 (Bala James Ngilari), as Deputy Governor of Adamawa State, did not resign his office by addressing a letter of resignation dated July 15, 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 July 15, 2014.
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“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 (Bala James Ngilari) as Deputy Governor of Adamawa State.”
2 comments
Fintiri has been shamed. Blind ambition has led to his downfall.
Wonders shall never end!! None of the members of Adamawa House of Assembly could read and understand a simple provision in the constitution of the Federal Republic of Nigeria. Amazingly, this is the same constitution they swore to uphold. One of their functions is, also, to make laws. What laws could be made by a bunch that is, all round, defficient. A bunch that is unschooled. The Deputy Governor knew them, hence he sold a dummy. What a shameless house populated by PDP. This confirmed what a lawyer said on AIT, a few weeks ago, that the PDP always put forth candidates that could win an election and no premium on the quality and character of the candidates. What a party, what a country.