Court Begins Process To Reinstate Former Gov.Of Adamawa State Murtala Nyako.

A Federal High Court in Lagos on Friday gave ultimatum to parties to file and serve processes in a suit seeking the reinstatement of the former Governor of Adamawa State, Murtala Nyako.A Lagos-based lawyer, Mr Olukoya Ogungbeje, had filed the suit seeking Nyako’s reinstatement with immediate effect on the ground that Nyako’s impeachment did not follow the due process of law.

Justice Okon Abang ordered the parties to ensure that all the processes relating to the determination of the case were filed and served to both parties before 3 p.m. on Sept. 11.Abang told the respondents to file and serve the applicant latest by 3 p.m. on Sept. 8, and the applicant to reply on point of law by 3 p.m. on Sept 9.

The News Agency of Nigeria (NAN) reports that the respondents had appeared in court without replying the originating motion.NAN reports that the counsel to the applicant, Mr Nelson Okedinachi; counsel to the respondents, Mr Ademola Adesina and Mr M.O. Taiwo, were all in court.The trial judge had on Aug. 26, said that the case was urgent and would be entertained by a vacation judge.

He, therefore, said that his jurisdiction as a vacation judge was limited to the South West Zone.Abang, however, said  the parties would during hearing of the case, convince him that he had territorial jurisdiction to entertain the suit.The defendants in the suit are Umaru Fintiri, sued as the acting Governor of Adamawa State; Adamawa State House of Assembly; and the Chief Judge of the State as at the time a panel that impeached Nyako was constituted.Others are Justice Ambrose Mammadi, the Chairman of the seven-member panel that investigated allegations of gross misconduct against Nyako; Mr Buba Kajama of Independent Electoral Commission (INEC) and the Inspector-General of Police.Ogungbeje had in his motion paper specifically sought certain reliefs.He sought a declaration that the setting up of the seven-member panel by Justice Mammadi was biased, unlawful, illegal and unconstitutional violation of Nyako’s right to fair hearing.

He said this was as guaranteed under Section 36 of the 1999 Constitution (as amended).The lawyer also prayed the court to declare the constitution of the seven-member panel by both the House and Mammadi, against a subsisting order of court as unlawful, contemptuous, illegal, undemocratic and a flagrant violation of the constitution.He had further urged the court to nullify Nyako’s impeachment on July 15, and another order compelling Fintiri to vacate office as Acting Governor forthwith.The lawyer finally asked the court to reinstate Nyako as Governor of Adamawa.On the grounds of the suit, the lawyer explained that the case was necessitated because there had been grave constitutional infraction perpetrated by the respondents.The applicant had also contended in the matter that the failure of the respondents to serve the impeachment notice personally on Nyako was a breach of Nyako’s right to fair hearing and fair trial.Ogungbeje stressed that “apart from the fact that Nyako was not personally served with the impeachment notice, he was also not served with a copy of hearing notice by the panel, chaired by Kajama”.The lawyer also argued that the conduct and actions of the respondents had seriously occasioned miscarriage of justice and right to fair hearing against Nyako.He said that Nyako did not commit any offence to warrant the treatment that was meted out to him.The lawyer, who described himself as a Nigerian citizen, human rights activist, constitutional lawyer, property consultant, columnist, publisher, author and Lagos resident, said the suit was filed on the account that he was a patriotic Nigerian, who only wanted to challenge constitutional infraction.“I have a duty as a minister in the temple of justice and a legal practitioner to protect and defend the sanctity of the Constitution of the Federal Republic of Nigeria from any constitutional contravention or infraction.“I have sworn to uphold the Constitution of the Federal Republic of Nigeria in line with Rule 1 of the Rules of Professional Conduct for Legal Practitioners in Nigeria,’’ Ogungbeje said.