A Federal High Court in Lagos will today, Friday, rule in a fundamental rights enforcement suit seeking the reinstatement of impeached Governor of Adamawa State, Murtala Nyako.
Presently, Nyako’s deputy, James Bala Ngilari, hold sway as the substantive governor of the state.
A lawyer and rights activist, Olukoya Ogungbeje, had filed the suit in August challenging the legality of Nyako’s impeachment on July 15.
Ogungbeje had argued that Nyako’s impeachment was a clear derogation from the due process of law and prayed the court for an order reinstating him as a governor.
Respondents in the suit are former acting governor of Adamawa State, Umaru Fintiri, Adamawa State House of Assembly and the Acting Chief Judge of the State, Justice Ambrose Mammadi.
Others are Justice Buba Kajama, (chairman of the seven-member panel that investigated allegations of gross misconduct against Nyako), the Independent National Electoral Commission (INEC) and the Inspector-General of Police.
Trial judge, Justice Okon Abang, had earlier fixed judgment in the suit for September 30, but an application filed by the respondents had effectively stalled the judgment.
At the last adjourned date, defence counsel, Wole Olanipekun (SAN), said that the third respondent (Acting Chief Judge of Adamawa) was not served the court processes.
He said that it would only be fair for the said respondent to be given an opportunity to put in his defence.
He argued that the affidavit of service reflected the name of one Kasumu Bauchi, who was unknown at the Adamawa Liaison Office in Lagos.
Responding, Ogungbeje said it was clear that the applications filed by Olanipekun were clearly intended to scuttle the judgment of the court, which was previously fixed for September 30.
He urged Abang to discountenance the arguments of defence counsel and write his name in gold by doing substantial justice in the suit by ordering the reinstatement of Nyako.
The lawyer, therefore, wants the court to declare that the Constitution and inauguration of the panel against a subsisting order of court, was contemptuous, and a flagrant violation of the constitution. The suit is also urging the court to nullify Nyako’s impeachment of July 15.