TheCable

Former deputy governor of Adamawa State, Mr. James Bala Nggilari, has applied to a federal high court, Abuja, asking to be sworn in as the governor of the state.

On July 15, 2014, shortly before the impeachment of Vice Admiral Murtala Nyako as governor, the house of assembly had read a resignation letter from Nggilari.

The resignation was accepted, Nyako was impeached and the speaker, Alhaji Ahmadu Fintiri, was sworn in as the acting governor pending a fresh election to fill the vacancy.

However, a Lagos-based lawyer, Mr. Festus Keyamo, wrote to President Goodluck Jonathan, alerting to a constitutional breach.

He said by law, the deputy governor should have sent his resignation to the governor, not to the house of assembly.

Keyamo has now filed a case seeking that Nggilari, who was not indicted by the impeachment probe panel, be sworn in as the governor.

In suit no FHC/ABJ/CS/545/14, Ngilari is suing the speaker, the house of assembly, the acting governor, the former governor and the Independent National Electoral Commission (INEC).

The questions for determination are:

• Whether by the provisions of sections 306(1), (2) & (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Nggilari, as deputy governor of Adamawa State, resigned his office by addressing a letter of resignation dated the 15th of July, 2014 to the 1st defendant (speaker, Adamawa State house of assembly).
• Whether by the provisions of sections 306(1), (2) & (5) of the 1999 Constitution of Federal Republic of Nigeria (as amended), the Nggilari’s purported resignation took effect when the letter was received by the speaker on the 15th of July, 2014.
• Whether by the provisions of sections 306(1), (2) & (5) of the 1999 Constitution of Federal Republic of Nigeria (as amended), the declaration of the office of the deputy governor vacant vide the Votes and Proceedings of Tuesday, July 15th, 2014 was legal and constitutional.
• Whether by the sequence of the legislative business of the house as contained in the transcript of the Votes and Proceedings of the house of assemblyof Tuesday, July 15th, 2014, Nyako was still the governor of the state at the time the speaker and the house received, accepted and acted upon the purported letter of resignation of Nggilari.
• If Nggilari did not resign as stipulated by sections 306(1), (2) & (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), whether by the provisions of section 191(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Nggilari as deputy governor of Adamawa State, should not have been sworn in as the substantive governor of Adamawa State after the impeachment of Nyako.
• Whether by the combined provisions of sections 191(1) and 306(1), (2) & (5) of the 1999 Constitution of Federal Republic of Nigeria, the swearing-in of Fintiri as acting governor of Adamawa State on the 15th of July, 2014 is legal and constitutional.
• If Nggilari did not resign as stipulated by sections 306(1), (2) & (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) whether by the provisions of section 191(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), INEC is required to conduct a fresh election to fill the vacant office of the governor of Adamawa State after the impeachment of Nyako.

Ngilari is seeking the following “consequential reliefs”:

• A declaration that by the combined provisions of section 306 (1), (2) and (5) of the 1999 Constitution of Federal Republic of Nigeria (as amended) the Nggilari, as deputy governor of Adamawa State, did not resign his office by addressing a letter of resignation dated 15th July, 2014 to the speaker.
• A declaration that by the combined provisions of section 306 (1), (2) and (5) of the 1999 Constitution of Federal Republic of Nigeria (as amended) the purported resignation of Nggilari as deputy governor of Adamawa State did not take effect when the letter was received by the speaker on the 15th of July, 2014.
• A declaration that by the combined provisions of section 306 (1), (2) and (5) of the 1999 Constitution of Federal Republic of Nigeria (as amended) the declaration of the office of the deputy governor of Adamawa State (then occupied by Nggilari) vacant on the 15th of July, 2014 vide the Votes and Proceedings of the 2nd Defendant of same day is unconstitutional, illegal, null and void.
• A declaration that by the sequence of the legislative business of the house as contained in the transcript of the Votes and Proceedings of the Adamawa State House of Assembly of Tuesday, July 15th, 2014, Nyako was still the governor of Adamawa State at the time they received, accepted and acted upon the purported letter of resignation to declare his seat vacant.
• A declaration that by the combined provisions of section 306 (1), (2) and (5) of the 1999 Constitution of Federal Republic of Nigeria (as amended) Nggilari did not resign from office as strictly stipulated by the 1999 Constitution of the Federal Republic of Nigeria (as amended).
• A declaration that by virtue of section 191(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), after the impeachment of Nyako, Ngilari ought to be sworn in as governor of Adamawa State.
• A declaration that by the combined provisions of section 191(1) and 306 (1), (2) and (5) of the 1999 Constitution of Federal Republic of Nigeria (as amended), the swearing-in of Fintiri as acting governor is illegal and unconstitutional.
• A declaration that, by the provision of section 191(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), INEC cannot conduct any election to fill the office of the governor of Adamawa State after the impeachment of Nyako, as Nggilari did not resign from that office as strictly stipulated by section 306 (1), (2) and (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
• An order of injunction restraining INEC whether by itself, its agents, servants, privies, officers or otherwise howsoever, from conducting a bye-election to fill the office of the governor of Adamawa State as a consequence of the impeachment of Nyako and the purported/unconstitutional resignation of Nggilari.
• An order of the court removing Fintiri as the acting governor.
• An order directing the chief judge of Adamawa State (or acting Chief Judge, as the case may be) or the president of the Customary Court of Appeal to swear in Ngilari as the substantive governor of Adamawa State.