Justice Okon Abang of a Federal High Court sitting in Lagos, will on November 7 rule on a fundamental rights enforcement suit seeking the reinstatement of impeached Governor of Adamawa State, Murtala Nyako.
The News Agency of Nigeria (NAN) reported that a Lagos-based lawyer, Mr Olukoya Ogungbeje, had filed the suit in August challenging the legality of Nyako’s impeachment on July 15. He argued that Nyako’s impeachment failed to follow due process of law.
Joined as respondents in the matter are former Acting Governor of Adamawa State, Mr Umaru Fintiri; Adamawa State House of Assembly and the Acting Chief Judge of the state, Justice Ambrose Mammai, Justice Buba Kajama, (Chairman of the seven-member panel that investigated allegations of gross misconduct against Nyako), and the Independent National Electoral Commission.
The defence counsel, Chief wole Olanipekun who is also a former NBA President, submitted that the suit to challenge the impeachment of a governor could only be filed in the state where it was done and therefore, the court lacked jurisdiction to entertain the case.
He said that in view of this and the fact that Nyako had also instituted action to challenge his impeachment at an Adamawa State High Court in Yola, the suit amounted to an abuse of court process
Justice Abang then fixed November 7 to determine the matter.