2nd October, 2014
An Abuja Federal High Court on Thursday, reserved judgment till next week in a suit filed by Mr Bala Ngilari, Adamawa former deputy governor under impeached Governor Murtala Nyako.
Justice Adeniyi Ademola reserved judgment after listening to the submissions of counsel to different parties in the suit, insisting that he would not give a definite date for the judgment.
“Judgment is hereby reserved for next week Wednesday or Thursday, that is, after the Sallah break, and definitely before the by-election slated for Saturday October 11.
“We will, in due course, accordingly, inform all parties of the definite date for judgment,” Ademola said.
Ngilari had sued the Speaker, Umaru Fintiri, and the state House of Assembly.
Fintiri, was sued as an individual and as the Acting Governor of the state, with Nyako and INEC as co-defendants.
At Thursday’s resumed sitting, Mr Kanu Agabi (SAN), counsel to Nyako, had earlier argued that the House of Assembly has 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.
Mr Festus Keyamo, Ngilari’s counsel, argued that the House of Assembly should produce the Certified True Copy of his client’s resignation letter, if it was ever sent to the governor.
He said that since the former Speaker is now the Acting Gov., he has the powers and resources at his disposal to ensure that the certified true copy of the said letter is produced in court.
“The House of Assembly, therefore, concedes to the illegality of their proceedings vis-à-vis the purported resignation; the law is that you cannot probate and approbate,” Keyamo said.
The former deputy governor, in the suit filed by Keyamo, prayed for an order of court compelling his swearing in as Adamawa acting governor by the Chief Judge, following Nyako’s impeachment.
He had also sought an injunction restraining the Independent National Electoral Commission (INEC) from conducting the by-election for the office of the governor of the state, slated for Oct. 11.
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.
This, he said, was in breach of the provisions of sections 306(1), (2) and (5) of the 1999 Constitution.
“The constitution provides that a Deputy Governor who intends to resign from office is strictly required by the provisions of the Constitution to send his resignation letter to the governor.
“The Speaker of the House of Assembly, wrongly acted on the letter,” Keyamo had argued.