A Federal High Court sitting in Abuja has stopped the governorship bye-election scheduled to hold in Adamawa State on Saturday October 11, 2014
– rules that Ngilari be immediately sworn in as the substantive governor of the state.
– INEC to make statement
Justice Adeniyi Ademola also ordered that the deputy governor of the state, Mr Bala Ngilari be sworn in with immediate effect. Justice Ademola held that the purported resignation letter submitted to the House of Assembly by Ngilari was null and void because as at the time the letter was submitted, Murtala Nyako was still the governor.
He cited section 306 (1),(2),(3),(4) and (5) of the constitution in support of the judgment.
Ngilari had asked the court to declare him governor of Adamawa state following the impeachment of Murtala Nyako on July 15, 2014. The court had earlier refused an application by Ngilari to restrain the Independent National Electoral Commission (INEC) from conducting bye-election to fill the Adamawa governorship seat.
Ngilari, whose office was declared vacant on July 15 by the state’s lawmakers after he purportedly resigned is challenging the legality of his resignation.
The suit has Umaru Fintiri, the Speaker, Adamawa State House of Assembly, the House of Assembly, the Acting Governor, Adamawa State, Nyako and INEC as defendants.
Ngilari, who denied resigning his position within the contemplation of the provision of Section 306(1), (2) & (5) of the Constitution, said the purported resignation letter he sent to the Speaker was not meant to be acted on by the House of Assembly. He stated, in a supporting affidavit, that “I did not submit any letter of resignation to the 5th defendant (governor) or any other person other than the 1st defendant (the Speaker).
Mr. Jega said this on Wednesday in Yola while addressing political stakeholders in the bye-election slated for October 11.
“As we prepared for this meeting just 30 minutes ago, I received the information from Abuja that a Federal High Court has, among others, granted an injunction restraining INEC from conducting the Adamawa by-election.“This information came to me from our Director Legal Services.
“INEC is a law abiding organisation; I am yet to see the court order but I still believe that the right thing to do under the circumstances is not to proceed with this meeting until we get a sufficient clarification. “Once we get a proper process served on us in the course of the day, we will make an appropriate announcement as what the position of INEC is on this particular matter,” Jega say