Adamawa ex deputy govs suit suffers setback The suit filed at the Federal High Court Abuja by embattled former Deputy Governor of Adamawa state, Bala James Ngilari, yesterday suffered a setback as it was adjourned to September 10 for mention. Ngilari, who was present in court had announced through his lawyer, Festus Keyamo that the matter is a major constitutional issue and therefore requires urgency, and called for accelerated hearing. Defendants in the suit are the Speaker of the state House of Assembly (1st), the House itself (2nd), Ahmadu Fintiri (3rd), who was sued as an individual and as the Acting Governor of the state (4), Governor Nyako (5) and the Independent National Electoral Commission (6th defendant). The former deputy governor is seeking an order of court compelling the Chief Judge of the Adamawa state to swear him in as governor of the state following the impeachment of Admiral Murtala Nyako. However, mentioning of the suit was stalled because counsel to the Speaker (1st) and Adamawa State House of Assembly (2nd) defendants, Chief Leonard Nzardon told the court that the processes served on them by Ngilari’s lawyer were incomplete. Though, we have seen copies of newspaper publication containing the service, but we were served with the originating summon and motion on notice this morning in court. We have filed a memorandum of conditional appearance for the 1st and 2nd defendants” Nzardon said. “What was published in the two newspapers was incomplete; and having regards to Section 99 of the Sheriff and Civil Processes Act, we ask this honourable court adjourn this matter to enable us respond to the processes” he added. Nzardon posited that the period specified in a writ of summons for service under Section 99 as the period within which a defendant is required to answer before the court to the writ of summons shall be not less than 30 days after service of the writ has been effected outside jurisdiction. Similarly, Chief Duro Adeleye SAN, who entered a conditional appearance for the 3rd defendant (Ahmad Umar Fintri) and 4th defendant (Adamawa Acting Governor) said apart from the newspaper publication, that he was served with the processes in court. Adeleye also told the court that what he saw in the newspaper was incomplete compared to the processes served on him in the court by Ngilari’s lawyer. “This morning we were served with filed processes, after going through them, I realized that the content of the newspaper publication was incomplete. More so, in view of the provision of Section 99 of the Sheriff and Civil Processes Act, we are therefore asking for a date for us to react to the plaintiff’s processes” Adeleye stated. On his part, Ayo Akam, who equally filed a memorandum of appearance announced representation for the 5th defendant (Nyako), adding that he also filed a counter affidavit to the plaintiff’s originating summon and motion on notice. Nobody announced appearance for the Independence National Electoral Commission. Continues efforts made by Keyamo to have the matter mentioned was rebuffed by counsels to the defendant, even as the judge noted that the law requires 30 days before anything could be done on the matter. However, in a short ruling and with the consent of the all counsels, Justice Adeniyi granted the oral application of counsels to the defendants, and adjourned the matter to September 10 for mention of the matter.
Posted on: Tue, 12 Aug 2014 20:36:55 +0000
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