Fintiri seeks Ngilari’s sack

Adamawa State Governor Bala James Ngilari moved fast yesterday to tighten his grip on power after  Wednesday’s sacking of Acting Governor Umaru Ahmadu Fintiri by the Federal High Court sitting in Abuja.

Ngilari, spending his first full day in office after being declared governor by Justice Adeniyi Ademola’s judgment, pledged to reconcile with anybody who feels aggrieved by his emergence. He dissolved the state executive council.

But a major drama has been playing out at the House of Assembly. Fintiri said he had returned to the House to reclaim his position as Speaker while still pursuing his appeal against the judgment, which ousted him.

But it was gathered that some of the members may not be disposed to him because he is from the same Magadali Local Government as Ngilari.

Fintiri filed a suit yesterday at the Court of Appeal in Abuja, asking it to sack Ngilari and install him.

He argued that Justice 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 is contained in a notice of appeal filed by his lawyer, Duro Adeyele (SAN), and in which he raised eight grounds of appeal.

He urges the Court of Appeal to set aside Mr. Justice Ademola 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.