A Federal High Court in Lagos on Friday temporarily declined jurisdiction over a suit filed by a Lagos-based lawyer, Olukoya Ogungbeje, seeking the reinstatement of impeached Governor of Adamawa State, Murtala Nyako. The lawyer had filed the suit seeking Nyako's reinstatement with immediate effect on the ground that his (Nyako's) impeachment did not follow the due process of law. When the matter came up before Justice Okon Abang, on Friday counsel to the applicant, Nelson Okedinachi, had urged the court to hear the suit because it was a fundamental rights application that borders on constitutional question.
He said by the virtue of Fundamental Rights Enforcement Procedure Rules, the matter ought to and should be urgently heard, as further delay would jeopardise the suit, adding that the Independent National Electoral Commission (INEC) had already fixed October 11 for the governorship by-election in Adamawa State, and that any delay would be injurious. But Justice Abang held that as required by the rules of court in Order 46 Rule 5 (2), the matter could not be heard during the ongoing long vacation of the court as the applicant failed to apply for leave of court permitting that the matter be heard during vacation.
The judge added: “On the account of the failure of the applicant to invoke the jurisdiction of this court to hear the suit during the long vacation of this court, for now, I have no jurisdiction to hear this suit.” The defendants in the suit were Umaru Fintiri (sued as the acting Governor of Adamawa State), Adamawa State House of Assembly, the Chief Judge of the state at the time a panel that impeached Nyako was constituted, Justice Ambrose Mammadi, Chairman of the seven-member panel that investigated allegations of gross misconduct against Nyako, Mr. Buba Kajama, INEC and the Inspector General of Police.
Ogungbeje had specifically sought a declaration that the setting up of seven-member panel by Justice Mammadi after his order stopping the Adamawa State House of Assembly from constituting the panel was biased, malafide , unlawful, illegal and unconstitutional violation of Nyako's right to fair hearing and fair trial as guaranteed under Section 36 of the 1999 Constitution (as amended). The lawyer also prayed the court to declare that the constitution of seven-member panel by both the House and Justice Mammadi against a subsisting order of court restraining the House from setting up the panel was unlawful, contemptuous, illegal, undemocratic and a flagrant violation of the constitution.
He had further urged the court to nullify Nyako's impeachment of July 15, 2014 and compel Fintiri to vacate office as acting governor forthwith.
Noted
ReplyDelete