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Adamawa Ex-deputy Governor Asks Court to Declare Him Gov


News » Politics
Nigeria

August.07.2014

A former Deputy Governor of Adamawa State, Mr Bala Ngillari, has asked a Federal High Court in Abuja to order that he be sworn in as the governor of the state and to stop the Independent National Electoral Commission (INEC) from conducting a fresh election to elect a new governor in the state.

In an originating summons filed on his behalf by the Mr. Festus Keyamo, Nggilari said his purported resignation in the wake of the impeachment exercise that led to the removal of Murtala Nyako as governor, was null and void.

He therefore asked the court to issue an order removing Hon. Ahmadu Umaru as the acting governor of Adamawa State forthwith.

His argument is that he did not resign as stipulated by sections 306(1), (2) & (5) of the 1999 Constitution.

Nggilari said that if he is sworn in as governor of Adamawa State there would be no need to conduct a by-election.

He asked the court to hold that by the combined provisions of section 306 (1), (2) and (5) of the constitution as deputy governor of Adamawa State, he did not resign his office by addressing a letter of resignation dated 15th July, 2014 to the Speaker of the state House of Assembly.

He also asked the court to declare that by the combined provisions of section 306 (1), (2) and (5) of the 1999 Constitution, his purported resignation as deputy governor of Adamawa State did not take effect when the purported letter of resignation was received by the speaker on July 15.

He is further seeking the following declarations: That by the combined provisions of section 306 (1), (2) and (5) of the Constitution, the declaration of the office of the deputy governor of the state (then occupied by the plaintiff) vacant on July 15 vide the Votes and Proceedings of the Adamawa State House of Assembly is unconstitutional, illegal, null and void;

• A declaration that by the sequence of the legislative business of the Adamawa State House of Assembly as contained in the transcript of the Votes and Proceedings of the assembly  of July 15, the 5th defendant (Murtala Nyako) was still the Governor of Adamawa State at the time the 1st and 2nd defendants (the Speaker and the House of Assembly) received, accepted and acted upon the purported letter of resignation of the plaintiff (Nggilari) to declare his seat vacant;
•A declaration that by the combined provisions of section 306 (1), (2) and (5) of the 1999 Constitution, he did not resign from office as Deputy Governor of Adamawa State as strictly stipulated by the 1999 constitution;

• A declaration that by the combined provisions of section 191(1) and 306 (1), (2) and (5) of the Constitution, the swearing-in of  Ahmadu Umaru Fintiri as acting governor of the state on July 15 is illegal and unconstitutional.
The case has not yet been assigned. 

Article Credit: Thisdaylive

Updated 5 Years ago
 

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Tags:     Adamawa State     Mr Bala Ngillari     Mr. Festus Keyamo     Murtala Nyako     Ahmadu Umaru Fintiri

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