Despite returning to the state house of Assembly as its speaker, the former acting Governor of Adamawa State, Alhaji Ahmadu Fintiri, has continued with his appeal against the judgment of the Federal High Court which removed him from office and
ordered the swearing-in of Bala Ngilari as governor.
Fintiri raised eight grounds of appeal upon which he is urging the court of Appeal to rely on and set aside the judgment of Justice Adeniyi Ademola of the Federal High Court.
As an alternative prayer, he is asking the court to refer the case back to the Federal High Court Abuja for trial before another Judge and by way of writ of summons instead of originating motions under which the matter was tried.
Umaru argued that the judge was wrong when he refused to convert the suit from originating summons to writ of summons because the
conflict was not such that could be resolved by examining documents.
“There was a conflict between the parties as to whether the 5th defendant
(Murtala Nyako) wrote Exhibit AU2; the letter of the then governor of Adamawa State to the Speaker nominating Hon. Adamu Kamalle as
the Deputy Governor, the plaintiff having resigned his position.”
He also faulted the judge’s decision that the case could only be heard and determined on the basis of the votes of proceedings of the Adamawa State House of Assembly.
According to him, the Speaker of the state House of Assembly and the house have no role to play in the resignation of the plaintiff.
“There is no requirement under Section 306 of the Constitution for Nyako to inform the speaker in the letter of nomination of a
deputy governor that he had received the resignation letter of the plaintiff,” he added.
He also accused the judge of admitting uncertified documents contrary to the
Evidence Act, which specified the conditions for the admissibility of public documents.
Fintiri is represented by former Attorney General and Minister of Justice, Bayo Ojo (SAN)
