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By Chris Nomjov
A Federal High Court sitting in Yola, on Thursday, dashed any hopes of former Adamawa state Governor, Murtala Nyako returning as Governor of the state; by striking out a suit filed by Mr. Nyako against his impeachment.
Presiding judge, Bilkisu Aliyu, dismissed Mr. Nyako’s plea that he was wrongly removed from the Adamawa state government house. Mrs. Aliyu said the case brought before her was an abuse of court process as three suits on the case were pending before a competent court of law 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.
The Judge 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 Thursday, 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.