BY IKECHUKWU NNOCHIRI
The Abuja Division of the Federal High Court, yesterday, aborted moves by the ousted deputy governor of Adamawa state, Mr. Bala James Ngilari, to stop the Independent National Electoral Commission, INEC, from conducting a bye-election to replace the impeached governor of the state, Admiral . Murtala Nyako.

In a ruling yesterday, Justice Ademola Adeniyi rejected  Ngilari’s ex-parte application seeking for an interim order to restrain INEC from going ahead with the planned election, pending the determination of a suit challenging his removal from office.  Ngilari had through his lawyer Mr. Festus Keyamo, approached the High Court, asking it to declare him governor. He specifically urged the court to among other things, declare that by virtue of Section 191 (c) of the constitution.

191(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), after the impeachment of Nyako (5th Defendant) as Governor of Adamawa State, he ought to have been sworn in as the substantive governor of  the state.

He prayed the court to hold that by the combined provisions of Section 191(1) and 306 (1), (2) and (5) of the 1999 Constitution of Federal Republic of Nigeria (as amended), the swearing-in of the 3rd Defendant (Rt. Hon. Ahmadu Umaru) as Acting Governor of Adamawa State on July 15, 2014, was illegal and unconstitutional.

Besides, Ngilari sought for a declaration that by the combined provisions of Section 306 (1), (2) and (5) of the 1999 Constitution of Federal Republic of Nigeria, as amended, he, as Deputy Governor of Adamawa State, he did not resign his office by addressing a letter of resignation dated July 15, 2014 to the Speaker of the State House of Assembly, who he joined as the 1st defendant in the matter.

However, Justice Adeniyi declined to grant any of his prayers, rather the court directed that he should go back and put INEC on notice by serving it with all the necessary court processes.

The court slated next Tuesday to hear the motion on notice.

The court okayed prayer by Ngilari to be allowed to serve the defendants via substituted means, to wit, by publishing the processes in Newspapers.

Ngilari, whose office was declared vacant on July 15 by the state’s lawmakers following Nyako’s impeachment, in an affidavit he personally deposed before the court, averred that at all times material to the action, “I was the Deputy Governor of Adamawa State until the 15th of July, 2014, when the 1st and 2nd Defendants purportedly declared my office vacant.