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.
He 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 as then governor, 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.