Adamawa: INEC stops gov election as Ngilari takes over 9 hours ago The Independent National Electoral Commission on Wednesday announced the suspension of all preparations for the Adamawa State governorship bye-election scheduled for October 11, 2014. The commission also called off a consultative stakeholders’ meeting earlier scheduled to commence on Wednesday (yesterday) ahead of the election. The actions were in compliance with a Federal High Court order stopping the poll in which the Acting Governor of the state, Umaru Fintiri, would have contested as the Peoples Democratic Party candidate. The court had also directed that a former Deputy Governor of the state, Bala James Ngilari, be sworn in as the new governor . INEC, in a statement by its Acting Secretary, Mr. Musa H. Adamu, said, “The Federal High Court, Abuja on Wednesday, October 8, 2014, delivered judgment in suit No. FHC/ABJ/CS/545/2014 between Barrister Bala James Ngilari and Speaker, Adamawa State House of Assembly & 5 Ors. “The court declared that Ngilari did not resign from his office as deputy governor as required by the 1999 Constitution and granted, among others, an order restraining INEC from conducting a bye-election to fill the office of governor of Adamawa State. “In compliance with the court order, INEC hereby suspends all preparations for the conduct of governorship bye-election in Adamawa State, which was scheduled to hold on Saturday, October 11, 2014.” Meanwhile, INEC has called off a consultative stakeholders’ meeting earlier scheduled to commence on Wednesday ahead of the October 11 poll. The meeting with stakeholders was convened by INEC to find out ways of conducting the election in the face of security challenges in the state. The Chief Press Secretary to INEC Chairman, Mr. Kayode Idowu, in an interview with The PUNCH, said, “The stakeholders’ meeting has been cancelled sine dine because of the court ruling; the chairman who ordered the cancellation said he has been briefed based on the court order and in compliance with the court order.” Fintiri on Wednesday packed out of the Government House in Yola, saying he had already appealed his sacking by the FHC. “The orders of the court cannot be complied with until the appeal process is disposed of,” he boasted shortly after the state’s President, Customary Court of Appeal, Justice Andu Lagre, swore in Ngilari as the new governor. Ngilari had filed the suit denying his purported resignation from office as deputy governor and challenging the declaration of his office vacant by the state House of Assembly on July 15. Justice Ademola, who resolved all the issues raised for determination, including the court’s jurisdiction to entertain the matter, in favour of the plaintiff, said, “While issue 3 is resolved in the plaintiff’s favour, the sixth defendant ( INEC) cannot conduct a bye-election into the office of the Governor of Adamawa State on October 11, 2014, in the circumstance.” He upheld the contention by Ngilari’s lead counsel, Festus Keyamo, that his client’s purported letter of resignation which was addressed to Fintiri, the then speaker of the state assembly did not meet the “strict requirements” of the law as stipulated by Section 306(1), (2) and (5) of the 1999 Constitution. The judge also held that that the said letter was invalid having been addressed to the speaker contrary to the provisions of the 1999 Constitution which stipulate that such letter be sent to the governor of the state. Ademola said, “Taking all these into consideration, this court concludes on Issue 1 that the plaintiff, Mr. Bala Ngilari, did not resign from office as the Deputy Governor as required under section 306(1), (2) and (5) of the Constitution of the Federal Republic of Nigeria. The other defendants in the suit were the impeached Governor Murtala Nyako and the state Assembly. Nyako had supported Ngilari’s case by denying ever receiving the resignation letter on July 15. The court held, “For the deputy governor of any state in Nigeria, including the plaintiff, to resign constitutionally, there must be a strict compliance with section 306(1), (2) and (5) of the Constitution. “Exhibit A (the letter of resignation) was not written to the fifth defendant, Murtala Nyako (the then governor), at the material time, but to the third to fourth defendants (Fintiri), who was the speaker of the second defendant (state assembly) at the material time. “It is not a valid letter of resignation by a deputy governor even if he so wishes to in all intents and purposes within the contemplation of the constitution. “With a careful examination of the 306(1), (2) and (5), there must be a letter written personally, in this case by the plaintiff, as the deputy governor to the governor of Adamawa State at the material time. “The letter of resignation by the person, the deputy governor, must be received by the person or authority to whom it is addressed or any person authorised on his behalf, in the present case, the fifth defendant, or any person he authorises to do so on his behalf. “Without much ado, exhibit A (the letter of resignation) fails to satisfy the above provisions of the constitution which is the first condition precedent in the process of resignation under section 306 of the constitution; neither is it the duty of the second defendant, the Adamawa State House of Assembly, to be accepting any letter of resignation of deputy governor of a state as it sought to do with Exhibit B, as they are contrary to clear provisions of the constitution. “The condition precedent of writing to the governor was not satisfied, accordingly, Exhibit A is of no effect as a valid letter of resignation by the plaintiff.” The judge dismissed all the documents tendered by Fintiri, through his lawyer, Duro Adeyele (SAN), suggesting that Ngilari had actually sent a letter of resignation to Nyako before he was removed from office. The court described Fintiri’s documents as having “a doubtful origin” and must have been an afterthought. The court held, “There is no evidence of receipt of the letter by the fifth defendant (Nyako) or any of his representatives, rather the fifth defendant has consistently denied that and stated that he left Yola on July 14. “Most importantly, I wish to state, this court takes judicial notice that Fintiri, was sworn in as the acting governor on July 16, 2014 and remains in office from then until now. “By the virtue of that singular act, he performs the duties of the governor Adawama State, and the Government House has been under his control since then, in that circumstance, he is in a position to produce the original, if there is one, of the plaintiff’s letter of resignation to the fifth defendant or its Certified True Copy as done in AE1 and SASA 1. “Those documents have endorsements only of ‘received by the House of Assembly of Adamawa State’ and nothing more. “This issue agitates this court’s mind that despite being in office for almost three months why they could not produce the CTCs before the court to show that the fifth defendant acknowledged the receipt of the letter. “This court finds these Exhibits AE01, AE02, SASA- A&B, all dated, I repeat, July 15, 2014 of doubtful origin, of no probative value and I can safely conclude an afterthought …this court hereby discountenances them in entirety.” The court’s order caught many members of the advanced teams of Jonathan and Vice-President Namadi Sambo, who arrived in Yola on Wednesday for Fintiri’s campaign rally earlier fixed for Thursday(today), napping. Most of them returned to Abuja. Shortly after the judgment, the Federal Government directed the Chief Judge of the state to immediately swear in Ngilari as governor. It also directed INEC to immediately stop all preparations for the governorship bye-election. The government, in a statement by the Attorney-General of the Federation and Minister of Justice, Mohammed Adoke, said the inauguration of Ngilari would prevent a leadership vacuum in the state. The statement by the minister’s Chief Press Secretary, Adedeji Ajibade, reads, “The attention of the office of the AGF has been drawn to the judgment of the FHC, Abuja, delivered by Justice Ademola on October 8, 2014. “The FHC by its judgment under reference nullified the swearing-in of Fintiri as the acting governor of Adamawa State and declared the resignation of Ngilari as unconstitutional, null and void. “In obedience to the judgment and for the need to avert a vacuum in governance and possible constitutional crises, the AGF , hereby calls on the Chief Judge of Adamawa State to immediately swear in Ngilari as the Governor. “The INEC is also called upon, in obedience to the judgment, to keep in abeyance all the arrangements made for the conduct of the bye-election scheduled to take place in Adamawa State on October 11, 2014. Ngilari described the judgment as a divine intervention and pledged to partner other stakeholders to create an enabling environment for peace and progress in the state. He stated this in his acceptance speech on Wednesday, while taking an oath as a Governor at the Banqueting hall Yola. “Without peace there cannot be development, I’m calling on people of the state to rally round my administration for Adamawa State to move forward, ” he said shortly after taking an oath of office administered by the President, Customary Court of Appeal, Justice Andu Lagre, at the Banqueting hall Yola. He promised to run an open and government that would be fair to all including women and youths. The new governor thanked President Goodluck Jonathan and the PDP for their support and cooperation. He pledged his loyalty to the state and national leadership of the PDP, saying that “judiciary is the last hope of the people’’. Ngilari thereafter appointed Mallam Chubado Tijjani as his Chief of Staff. Dignitaries who graced the occasion included a former Governor of the state, Boni Haruna, a former military Administrator of Lagos State, Brig.- Gen. Buba Marwa. Judgment signposts my return to Government House –Nyako But as Ngilari was being sworn in, Nyako described the FHC judgment as a first step towards his return to office as governor. The former governor said in a statement by his spokesman Ahmad Sajoh, that the verdict was a further testimony to the fact that his “purported” impeachment was characterised by extreme illegality and political brigandage. According to him, those behind the illegality were buoyed by a system that promotes impunity and abuse of all legal and constitutional procedures. He accused the lawmakers in the state of taking it upon themselves to abuse all known legal norms to enthrone a regime anchored on illegalities. The statement partly read, “We wish to observe that this is the first step in the judicial process of correcting the wrongs of the Adamawa State House of Assembly. “We are confident that the Nigerian judiciary will further confirm the injustices associated with the purported removal of Governor Murtala Nyako which was done in a manner akin to a civilian coup d’état. “The process of the reversal of all the series of illegalities connected with the supposed impeachment saga has only just commenced and will continue until it culminates with the return of Governor Nyako to Government House, Yola.” He however congratulated Ngilari on his success at the court and advised him to take up the responsibilities of his new office with patience and humility. The former governor urged him to be mindful of the state’s plural nature and rule the people with justice, fairness and fear of God. He also advised the new governor to end the mistrust and suspicion created in the minds of the people by the illegal government of Fintiri. The PUNCH noticed that there was heavy security presence in Yola, ostensibly to forestall violent reactions to the cancellation of the governorship bye-election. Hundreds of riot policemen were seen at the Yola International Airport, Mubi Roundabout, Police Roundabout, Jimeta Market, Government House, popular hotels and educational institutions. Soldiers also patrolled major streets in the city. A resident said the police presence was initially in preparation for the visit of Jonathan and Sambo to address Fintiri’s final rally. At the Government House, Yola, the former acting governor and some of his aides were said to have relocated from the seat of power. Findings showed that the aides hurriedly moved items believed to be their personal belongings from the premises. A civil servant said, “They were seen carrying their belongings in Ghana-Must-Go bags. “The police were on hand to ensure that no government property was taken away, though there were unverified claims of looting.” However, Fintiri faulted the decision of the FHC , saying that he immediately appealed the ruling and also filed a stay of execution. The former acting governor is insisting that Ngilari, properly resigned from office as deputy governor. He claimed that Ngilari wrote “two letters” of resignation, one to Nyako before he was impeached and another to the Speaker of the state House of Assembly.
Posted on: Thu, 09 Oct 2014 09:47:22 +0000
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