The deputy to impeached governor of Adamawa State, Murtala Nyako, has proceeded to court asking to be sworn in as the substantive governor of Adamawa State because he did not resign his office as deputy governor as stipulated by the constitution.
The suit was filed Wednesday at the Federal High Court in Abuja by Barr. Bala James Ngilari’s lawyer, Festus Keyamo.
Joined in the suit as defendants are the Speaker, Adamawa House of Assembly; Adamawa State House of Assembly, Acting Governor Of Adamawa State, Ahmadu Umaru; former governor, Murtala Nyako and the Independent National Electoral Commission, INEC.
Issues raised by the former deputy governor are: Whether by the provisions of sections 306(1), (2) & (5) of the 1999 constitution of the Federal Republic of Nigeria (as amended), the plaintiff (Barr. Bala James Ngilari), as deputy governor of Adamawa State, resigned his office by addressing a letter of resignation dated the 15 July, 2014 to the first defendant (Speaker, Adamawa State House of Assembly).
Whether by the provisions of sections 306 (1), (2) & (5) of the 1999 constitution of Federal Republic of Nigeria (as amended), the plaintiff’s purported resignation as deputy governor of Adamawa state took effect when the purported letter of resignation of the plaintiff was received by the first defendant (Speaker, Adamawa State House of Assembly) on the 15th of July, 2014.
Whether by the provisions of sections 306 (1), (2) & (5) of the 1999 constitution of Federal Republic of Nigeria (as amended), the declaration of the office of the deputy governor of Adamawa state (occupied by the plaintiff at the material time) vacant vide the Votes and Proceedings of Tuesday, 15 July 2014 was legal and constitutional.
Whether by the sequence of the legislative business of the 2nd defendant as contained in the transcript of the Votes and Proceedings of the Adamawa State House of Assembly (2nd Defendant) of Tuesday, July 15th, 2014, the 5th Defendant (Murtala Nyako) was still the Governor of Adamawa State at the time the 1st and 2nd defendants received, accepted and acted upon the purported letter of resignation of the plaintiff (Barrister Bala James Ngilari) to declare his seat vacant.
Ngilari also raised the issue of whether he did not resign as stipulated by sections 306 (1), (2) & (5) of the 1999 constitution of the Federal Republic of Nigeria (as amended); whether by the provisions of section 191 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), he as deputy governor of Adamawa State, should not have been sworn-in as substantive governor of Adamawa State after the impeachment of the fifth defendant (Murtala Nyako).
Whether by the combined provisions of sections 191(1) and 306(1), (2) & (5) of the 1999 constitution of Federal Republic of Nigeria, the swearing in of the third defendant (Ahmadu Umaru) as acting governor of Adamawa state on the 15th of July, 2014 is legal and constitutional.
If the Plaintiff did not resign as stipulated by sections 306(1), (2) & (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended,whether by the provisions of section 191(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the sixth defendant is required to conduct a fresh election to fill the vacant office of the Governor of Adamawa State after the impeachment of the fifth Defendant.
Consequently, the ex-deputy governor wants the court to nullify his purported resignation and reinstate him as the substantive governor following the impeachment of his principal.
He also wants the court to declare him as the governor of the state.
