Justice Ademola Adeniyi of Federal High Court, Abuja, has shattered the ambition of the erstwhile speaker of Adamawa state, Alhaji Umar Fitiri, who ascended the governorship of the state in acting capacity after the former governor, Murtala Nyako was impeached and his deputy tricked out of office.
The court also cut off Fintiri’s ambition of becoming the substantive governor under the platform of the Peoples Democratic Party (PDP) as its candidate for this week’s Saturday gubernatorial by-election in the state.
The court similarly ordered that the former deputy governor of the state, Mr. Bala Ngilari, who was tricked to resign shortly before governor Nyako was impeached, be sworn in as the substantive governor of the state.
Umar Fintiri has been asked to vacate the office as the acting governor of the state with immediate effect.
The Judge ruled that the alleged resignation of Ngilari on July 14, 2014 was invalid, null and void as it breached 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 House of Assembly.
Ngilari, through his lawyer, Mr. Festus Keyamo, had submitted that by virtue of section 191 (1) of the 1999 Constitution that after the impeachment of Governor Murtala Nyako, that he, Ngilari being the next in the line of succession should have been inaugurated as governor.
The former deputy governor further deposed that the assertion that he resigned his position as deputy governor was untenable given the claim by the House of Assembly that he, Ngilari resigned in a letter addressed to the speaker of the House of Assembly.
Ngilari had relied on section 306 (1), (2) and (5) of the 1999 Constitution of Federal Republic of Nigeria (as amended), that his resignation from office as deputy governor could only be addressed to the substantive governor at that time who he claimed was Nyako.
Nyako, in his submission to the court had also claimed that he did not accept the purported resignation of Ngilari as deputy governor.
The bye-election fixed for this Saturday, will no longer hold.
Meanwhile the Independent National Electoral Commission has called off a consultative stakeholders meeting earlier scheduled to commence today ahead of the October 11 governorship bye-election, following the Court ruling which stopped the bye-election and ordered the immediate inauguration of a former Deputy Governor of the State.
The consultative meeting with stakeholders was scheduled by INEC to find out ways of conducting the election in the face of security challenges in the State.
[myad]
Fintiri's sacking is a welcome development. That guy was unduly ambitious. 'Sack the governor and deputy and assume the position of governor' was his philosophy. Keeping him on in office would have set a very bad precedence and create internal wranglings and anarchy in other states as Speakers of his mold will be tempted to adopt his tactics to gain the coveted office.
Granted that Nyako was guilty as charged but why did they force Ngilari who wasnt indicted to resign?