21 May 2015

Court strikes out suit seeking reinstatement of impeached governor of Adamawa state, Murtala Nyako

Any hope of the impeached governor of Adamawa state, Murtala Nyako, being reinstated immediately was dashed on Thursday by a Federal High Court sitting in Yola as the judge, Bilikus Aliyu, dismissed a suit instituted by Mr. Nyako claiming he was wrongly removed.

Mrs. Aliyu said the case brought before her was an abuse of court process as three suits were pending before a competent court of law on the same issue and as such she could not entertain the suit.
“I cannot continue with this case as the courts run concurrently,” she said. “We will not encourage litigants abusing court processes. The case is hereby dismissed.”
Mrs. Aliyu upheld the objection of the counsel to the state assembly, Leonard Zadon, that the same case is pending before three high courts.

Mrs. Aliyu had earlier upheld the appellant’s argument that his right was grossly infringed upon by the respondents, citing section 36 of the 1999 constitution.

The counsel to Mr. Nyako, Ogunyele Olukoya, while making his final submissions on Friday, had prayed the court to quash the former governor’s impeachment as it did not follow proper procedure.
“The applicant’s complaint in the case borders on the violation of his right to fair hearing guaranteed him under section 36 of the 1999 constitution as amended,” Mr. Olukoya said.
He noted that, to serve the cause of justice, there were cases where the applicant’s plea for rights to fair hearing was breached and the courts ruled in those circumstances in favour of the applicant.

However, counsel to the Adamawa State House of Assembly, Leonard Nzadon, objected to the plea by the applicant, saying it was “grossly insufficient.”

“The case brought before her lordship has no connection with fundamental human rights but that bordering on impeachment,” he said.

He therefore asked the court to dismiss the suit.

Credit: Austin Ajayi/Premium Times

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