[UPDATE] Adamawa: Court orders
swearing-in of Ngilari as gov

OCTOBER 8, 2014
BY ADE ADESOMOJU


A Federal High Court in Abuja has ordered
that the former Deputy Governor of Adamawa
State, Mr. Bala Ngilari, be sworn in as the
governor of the state.
The court ruled that the purported resignation
of Ngilari on July 14, 2014 was invalid, null
and void as it breached the provisions of
sections 306(1), (2) and (5) of the 1999
Constitution because it was addressed to the
Speaker and acted upon by the House of
Assembly.
Ngilari, erstwhile deputy to removed Governor
Murtala Nyako had filed a suit before the
Federal High Court in Abuja, seeking an order
compelling his swearing in as the governor of
the state.
Ngilari had asked the court to declare his
resignation letter dated July 14, 2014 and
addressed to the Speaker of the state House
of Assembly, as illegal, null and void.
In his suit, marked, FHC/ABJ/CS/545/14, the
plaintiff argued that his resignation letter was
in breach of the provisions of sections 306(1),
(2) and (5) of the 1999 Constitution because
it was addressed to the Speaker and acted
upon by the House of Assembly.
Justice Adeniyi Ademola, while delivering his
judgment, ruled that Ngilari’s letter was
written at a time when Nyako had not been
removed, thus implying that the letter ought
to have gone through Nyako, which it did
not, thus rendering the resignation null and
void.
He therefore ruled that Ngilari be sworn in as
the substantive governor of the state.
The judgment implies that the bye-election
slated for Saturday by INEC, has been
stopped.

More details later.