BY News Agency
A Yola high court on Monday dismissed the application filed by Adamawa State house of assembly requesting to serve Governor Murtala Nyako notice of gross misconduct though the media.
But the lawmakers have resolved the go ahead with the substituted service.
Ruling on the application filed by the Speaker, Ahmadu Fintiri, acting chief judge of the state, Ambrose Mammadi, said: “I refuse to exercise my discretion to grant the application. This is in view of the holding of Supreme Court judgment in the case of Inikojo and Adeleke to which I am bound.
“I hold that service of the notice of allegation against the respondent must be personal service.
“I resolve the issue for determination in the negative, I refuse the application, it is accordingly dismissed.”
However, the house of assembly, in an emergency sitting, directed the clerk of the house, Mr. Francis Ghansenso, to serve the governor and his deputy, Mr. Bala Ngilari, with the notice through the media.
The directive was given by the deputy speaker, Mr. Lauri Kwamoti (PDP-Numan), who presided over the sitting attended by nine out of the 25 members of the House.
Ghansenso earlier told the house that all efforts to serve the governor and his deputy with the notice did not yield result as “they were nowhere to be found”.
The clerk said the development forced him to go to court for an affidavit to serve the notice through the media.
The deputy speaker, who said the house would not continue to wait, directed the clerk to serve the notice through Daily Trust and Leadership newspapers and Nigeria Television Authority (NTA).
“Publish this notice of gross misconduct against the governor and equally the deputy governor in two national dailies, Daily Trust and Leadership newspapers.
“Furthermore, make an announcement in respect of this notice of gross misconduct against the governor and his deputy on NTA tomorrow (Tuesday),” Kwamoti said.
The house adjourned sitting till June 30.
Nyako had left Yola last week to avoid being served the notice. He has not returned to the state capital since then.
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