by Kolapo Olapoju
The Adamawa state bye-election slated for Saturday, 11 October, has been stopped, following the order of a Federal High Court in Abuja, that the former Deputy Governor of Adamawa State, Mr. Bala Ngilari, be sworn in as the governor of the state.
Ngilari had resigned from his post on 14 July, but according to the court’s ruling, the resignation was invalid, null and void because it was addressed to the Speaker and acted upon by the House of Assembly, which was a breached of the provisions of sections 306(1), (2) and (5) of the 1999 Constitution.
Following the impending impeachment of former Governor Murtala Nyako, the complainant, Ngilari had tendered his resignation, but later filed a suit before the Federal High Court in Abuja, praying for an order to compel his swearing in as the governor of the state. Ngilari said he did not resign his office as Deputy Governor as stipulated by the Constitution.
The removed governor, Nyako, had also issued a statement to the effect, saying that the letter written by his deputy was inconsequential, because the constitutional stipulation is that the deputy should have written to him as governor.
The statement read, “As at the time the supposed resignation was said to have been tendered in the House, Murtala H. Nyako was the Governor of Adamawa State. No such letter was written to him, none was received by him and none was approved by him.”
“It should therefore be known that in the eyes of the Law, the Deputy Governor has not resigned. Barr Bala James Ngillari is still the Deputy Governor of Adamawa State. This clarification is necessary to avert another subversion of the Constitution since the other processes relating to the impeachment saga have all been in contravention of the Constitution and the Law.”
Ngilari had filed the suit on 6 August asking the court to declare his resignation letter dated July 14, 2014 and addressed to the Speaker of the state House of Assembly, as illegal, null and void.In his suit, marked, FHC/ABJ/CS/545/14, the plaintiff argued that his 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 House of Assembly.
Justice Adeniyi Ademola, in his judgment, ruled that Ngilari’s letter was written before Nyako was removed, saying that the letter should have gone through Nyako, who was then governor, but since it did not, the resignation had been rendered null and void.
Ademola, in his ruling, stated that Ngilari be sworn in as the substantive governor of the state. YNaija reached out to an INEC official in Adamawa state, who claimed to have no official knowledge of the development, but will get back to us after confirmation.
okay, noted.
i kuku dont know him, so i can say less .
RIDE ON NGILARI
lUCKY MAN.
who is he? THERE ARE SOMEE OGVERNORS I STILL DONT KNOW
heard the man is trying for his state.
congratulations ngali
why was he removed in the first place
not interested.
good for him