A Yola high court presided by acting chief judge Ambrose Mammadi on Thursday dismissed an application by Adamawa lawmakers over its jurisdiction to entertain a case filed by Governor Murtala Nyako who earlier obtained an interlocutory injunction to quash the impeachment proceedings being pursued by the Adamawa State House of Assembly against him.
While ruling on the lawmakers’ application on whether the court has jurisdiction or not to entertain the suit brought by the state governor in respect of impeachment process initiated by the lawmakers, presiding judge Mammadi averred that the court has jurisdiction to entertain the suit and therefore dismissed the lawmakers’ application and adjourned to July 9, 2014.
The state high court had earlier slammed an interlocutory injunction restraining the lawmakers for taking any decision pending the determination of the suit filed by the governor.
Reacting on the Thursday ruling, counsel to the embattled governor Barr. Ayo Akumu expressed happiness with the ruling: "I am comfortable; my joy is that the court did not say it has no jurisdiction to entertain the case. The matter is still pending before the court, I am OK with it.
"The action taken by the House of Assembly... as at yesterday I had made it clear that is a violation of the court order."
Also reacting, Nyako’s adviser on legal matters Hajiya Hadiza Aminu applauded the ruling: “We are happy for today’s ruling which says that the court has jurisdiction to hear the case, that’s why it has been adjourned to July 9, 2014, for continuation. We appeal to our teeming supporters to remain calm, resolute and be law-abiding as the court is on the top of the matter.”
It’s not clear for now whether the state acting judge had received any correspondence from the lawmakers to constitute the seven-man panel or not. The chief registrar of the high court, Alhaji Abubakar Babayola, denied any communication. “As I am talking to you now, we are yet to receive their correspondence, and if there is any we will communicate to you,’’ said the chief registrar.
But when contacted on phone, the chief press secretary to the speaker of the state Assembly, Mr Solomon Kumangar, said, ‘’ The clerk has since communicated the matter and it was received at the chamber of the acting chief judge before closing hours."
Impeachment: Speaker, 19 others may be recalled
The move by the speaker, Adamawa State House of Assembly, Umaru Ahmadu Fintiri, and 19 others to impeach Governor Murtala Nyako and his deputy Bala James Ngillari has drawn the ire of some constituents as moves are currently ongoing to recall them.
Some electorate and party chieftains across Adamawa confided in LEADERSHIP that they have concluded plans to begin the recall process against their members who are involved in the
Impeachment move, as most of them perceived the move by the lawmakers as an avenue to enrich themselves at the detriment of their constituencies.
LEADERSHIP investigation found that the new resolve may be connected to insinuations in some quarters that the lawmakers were prodded to commence the impeachment process after they collected money from a south-south governor who was allegedly influenced by the presidency.
A stalwart of the All Progressives Congress and former interim vice chairman, north-east, Dr Umar Duhu, who hails from the same constituency as the Adamawa speaker, said during an interactive session with newsmen in Yola that his constituency was considering the option of recalling the speaker as his actions were purely selfish, as he did not consult with anyone from the constituency.
“Despite my political standing in the local government, the speaker never consulted me before going ahead with the move for the impeachment of the governor; so also other members of the constituency,” he said.
He stated that the move being made by the speaker is too obvious as he stands to benefit from the process despite its negative consequences, adding that he has allowed his sense of reasoning to be beclouded by overarching desire to make political capital out of the impeachment move.
Duhu further warned the legislators to look into the implications of their actions, stressing that, irrespective of party affiliations, the electorate are being mobilized to take action. “They should look into the implications of what they are doing. The common man is now taking the bulk of the heat.
“Their move is not timely; politically it’s a bad idea. That should not have been embarked upon. It is sad and it seems that they are not sensitive to the plight of the people. Their highhandedness will not take them anywhere,” he said.
He further alleged that some strong forces were behind the saga, saying that, despite the pressure, the speaker should have been circumspect as the deputy governor who hails from his constituency will be the major loser.
“People of his constituency have begun to doubt the sincerity of the speaker who has been fighting his kinsman, the deputy governor. We don’t know why he is too ambitious. Unfortunately he is from my constituency. We are preparing for the next line of action against any member that has a hand in this shameless act,’’ Duhu noted.
Another politician in Mubi said they had also started consultations to ensure that their member is recalled following his participation in the impeachment process, as he never consulted them.
“They have not consulted us; nobody is happy; so their action is selfish and a political summersault.
“As it stands today, it’s those members versus the people; it’s no more the lawmakers versus the governor or his deputy. They have pitched their tents against the people of Adamawa by even asking the anti-graft agency EFCC to freeze the accounts of the state government, a situation where even salary could not be paid," he said.
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