NGILARI SWORN-IN, AS COURT SACKS FINTIRI In ADAMAWA STATE, NIGERIA.

Original Post By nigerianpilot.com

• APC, PDP accept verdict; Atiku laments 
• INEC cancels Saturday’s guber election

Former Deputy Governor of Adamawa State, James Bala Ngilari was yesterday sworn-in as the substantive governor of the state, following the sack of the Acting Governor, Umar Fintiri by a Federal High Court, Abuja.

He was administered the oath office by the President of the Customary Court of Appeal, Justice Lawal Audu Lagere at the Government House at about 3:45pm, yesterday.

There was jubilation in Yola, the state capital as the news of the court ruling filtered into the state, yesterday morning.

In his speech after taking the oath of office, Governor Ngilari said it was the beginning of  a new dawn in the history of the state, adding that “the events of the past few months culminating in the ceremony we have just witnessed could not have  happened without the foreknowledge of God.”

He said as people of faith, “we acknowledge the power of God in all that happened. The holy books of our religions subscribe to the fact that power belongs to God and he gives it as trust to whosoever he wills.”

Governor Ngilari said that the challenges” before us as people of Adamawa are very daunting and pledged to work with all the people to address the problem which are not limited to insecurity, poverty, reconciliation, hunger and disease. I will create an enabling environment for peace and harmony to thrive in our state.”

The governor also promised to run an open, transparent and an all-inclusive government “to give hope to our women, the aged and guarantee the future of our youths.”

He appointed Alhaji Chubado Tijjani, former chairman of Madagali Local Government Area as his Chief of Staff.

In his ruling yesterday, Justice Adeniyi Ademola held that the swearing-in of Fintiri as Acting Governor was “illegal and unconstitutional.”

He said: “Ngilari did not resign on July 15, 2014 as provided in Section 306 (1) (2) and (5) of the 1999 Constitution of the Federal Republic of Nigeria.”

“The said letter of resignation fails to satisfy the requirement of Section 306 subsections (1), (2) and (5) of the 1999 Constitution of the Federal Republic of Nigeria.”

The court held that it was not the duty of the state House of Assembly to receive and act on a letter of resignation from the Deputy Governor.

Justice Ademola added that the court took judicial notice of the fact that the impeached Governor Murtala Nyako in his affidavit of fact deposed to by Ahmad Sajo, his Chief Press Secretary stated categorically that the deputy governor did not tender any resignation letter to him, adding that Ngilari too, denied serving Nyako with any letter of resignation.

Ngilari had in the suit filed by Festus Keyamo, prayed for an order of court compelling his swearing-in as Adamawa Acting Governor by the Chief Judge following Nyako’s impeachment.

He had sued the Acting Governor, Umaru Fintiri, the House itself, Nyako and Independent National Electoral Commission, INEC as defendants.

He also sought an injunction restraining the Independent National Electoral Commission (INEC) from conducting the bye-election for the office of the governor of the state, slated for Oct. 11, 2014.

Ngilari also prayed the court to declare his resignation letter dated July 14, 2014, and addressed to the Speaker, Adamawa House of Assembly, as “illegal, null and void.”

He also contended that the letter was addressed to the Speaker, instead of the Governor as stipulated, and illegally acted upon by the House of Assembly.

At the final adoption of arguments in the case , Mr. Kanu Agabi, SAN, counsel to Nyako, had earlier argued that the House of Assembly had no powers to receive a Deputy Governor’s letter of resignation.

“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 court ordered INEC not to go ahead with the bye-election slated for Saturday.

The stage for Ngilari’s inauguration was set by the Federal Government which immediately after the ruling ordered the chief judge of the state to swear him in as governor.

In a statement by the Chief Press Secretary to the Attorney-General of the Federation and Minister of Justice, Adedeji Ajibade, which was made available to State House correspondents, the AGF ordered INEC to put on hold Saturday’s bye-election in obedience to the court judgement.

Meanwhile, Fintiri has declared that he had appealed against the judgment of the Federal High Court which removed him from office.

Fintiri, who was the Speaker of the Adamawa State House of Assembly before he was sworn in as the Acting Governor, said he had also filed a stay of execution of the judgment, warning that the orders of court should not be enforced until his appeal was determined.

He spoke through his lawyer, Chief Bayo Ojo, SAN, who issued a statement shortly after Justice Ademola gave the judgment.

INEC cancels Adamawa election  

After reviewing the court ruling and the AGF’s directive, INEC said last night that it had put on hold the October 11 governorship election.

In a statement issued by the Chief Press Secretary to the INEC Chairman, Mr. Kayode Idowu, the commission noted that its decision to suspend the election was in compliance with the court order.

“Following the court judgment on Adamawa state bye-election, INEC hereby suspend all preparations for the conduct of the governorship bye-election which was scheduled to hold on Saturday 11th October 2014,” the statement added.

APC, PDP accept verdict

The national leadership of the Peoples Democratic Party yesterday said it had accepted the judgement of the Federal High Court, Abuja which sacked Fintiri.

PDP National Publicity Secretary, Chief Olisa Metuh, stated this after a meeting of the members of the National Working Committee, NWC at the party’s national headquarters in Abuja.

Metuh said that though the judgement did not foreclose appeal by parties to the case, the party had directed members of the party in the state to comply with it

He said: “The NWC has looked at the judgement and as a law-abiding party, we have asked our members to comply with it. There is a right of appeal, but we have asked our people to obey the judgement.”

The Adamawa State chapter of the All Progressives Congress, APC said the judgment was a welcome development. The state APC Chairman, Madam Binta Garba, told the News Agency of Nigeria, NAN in Yola that with the outcome of Ngilari’s case, the party is looking ahead of how to consolidate on his grip on the state’s political terrain.

Verdict painful, says Atiku

But former Vice President and presidential aspirant of APC, Alhaji Atiku Abubakar, described the verdict as a very painful development as it had stalled the party’s takeover of Adamawa.

Atiku said through his media office in Abuja that despite the setback he is bound as a democrat to abide by the ruling stopping Saturday’s governorship bye-election in the state.

 According to him, the verdict had inevitably delayed the ouster of the PDP whenever the election is held.

“The judicial verdict that may have tacitly cancelled the governorship by-election in Adamawa State for now was a painful development for the membership of the APC in Adamawa State.

“As leaders of the party, we shall respect the verdict of the court, but we must be quick to say that the verdict has merely delayed the overwhelming desire of the people of Adamawa State to vote for change and thumbs down the PDP imposition on a people. Clearly we in the APC had the momentum and therefore an advantage going into Saturday’s election,” Atiku said

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