as former acting governor, Umaru Fintiri is adamant to get Governor Bala James Ngilari out of the Government House.
Fintiri who has returned to the House to reclaim his position as Speaker is pursuing his appeal against the judgment, which ousted him. Fintiri filed a suit on Thursday at the Court of Appeal in Abuja, asking it to sack Ngilari and install him.
He claimed that Justice Adeniyi Ademola erred in law when he held that the former Deputy Governor (now Governor), James Bala Ngilari did not resign in accordance with constitutional provision.
Fintiri’s contention was contained in a notice of appeal filed by his lawyer, Duro Adeyele (SAN), and obtained by The Nation, in which he raised eight grounds of appeal.
He asked the Court of Appeal to dismiss Ngilari’s suit on the grounds that it was defective or refer the case for hearing before another Federal High Court by way of writ of summons.
Named as respondents in the appeal are Ngilari, Speaker, Admawa State House of Assembly, House of Assembly, impeached Governor Murtala Nyako and the Independent National Electoral Commission (INEC).
Fintiri argued that the trial judge failed to convert the suit to commence by way of writ of summons having regard to the hostile and contentious nature of the facts on the crucial issues that emanated from the conflicting affidavit evidence.
He stated that there was a conflict between the parties as to whether the plaintiff (Ngilari) wrote exhibit AU1 (Ngilari’s letter of resignation).
The appellant added that there was conflict as to whether then Governor Murtala Nyako wrote exhibit AU2 (his letter to the then Speaker, nomination a member of the House of Assembly, Adamu Kamale as replacement for Ngilari, who had purportedly resigned as Deputy Govenor.
He stated that the trial judge erred when he held that the case could only be heard and determined on the basis of the votes and proceedings of the House of Assembly.
Fintiri argued that the Speaker and the House have no role to play in the deputy governor’s resignation, once his letter of resignation is received by the governor, it takes immediate effect.
He also faulted the trial judge for holding that there was no evidence that the resignation letter was received by the then governor.
Fintiri noted that the letter, marked exhibit AU2, was written by then Governor Nyako, nominating a replacement for Ngilari, on being satisfied that he (Ngilari) had resigned. “There is no provision under Section 306 of the Constitution requiring the governor, in his letter for nomination of a replacement, to inform the speaker that the deputy governor has resigned,” he said.
The appellant further argued that the trial judge erred when he held that the letter of nomination by the governor was not authored by him even when it was written on the state government’s letter head sheet.
As at yesterday, Fintiri was yet to apply for a stay of execution of the judgment pending appeal.
Meanwhile, newly-sworn in Adamawa Governor, Mr Bala Ngilari, on Thursday approved the dissolution of the State Executive Council and political appointees with immediate effect.
A statement signed by his Chief of Staff, Alhaji Chubado Tijjani, said all affected office holders should hand over all documents and other government properties to permanent secretaries in their various ministries.
Source:PM News
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