Ngilari
By Ikechukwu Nnochiri
ABUJA – The Abuja Division of the Federal High Court, yesterday, aborted legal moves to return the immediate past Governor of Adamawa State, Mr. Bala Ngilari, of the Peoples Democratic Party, PDP, to power.
In a judgment yesterday, Justice Evoh Chukwu refused to declare that by virtue of section 178(2) of the 1999 constitution, as amended, the tenure of Ngilari who took oath of office as deputy governor on February 13, 2012, and in that capacity assumed office as governor after the impeachment of former governor Murtala Nyako, ought to expire on February 12, 2016.
Justice Chukwu dismissed the suit on the ground that the plaintiff, Dr. Umar Ardo, who is a chieftain of the PDP and a three-time governorship aspirant in the state, lacked the locus standi to invoke the jurisdiction of the court on the matter.
According to the court, Ardo, who it described as “a meddlesome interloper”, failed to show any special interest he has above other citizens of Adamawa State to warrant the recall of Ngilari who has since vacated the governorship seat following the April 11 gubernatorial election that saw the emergence of Governor Jibrila Bindow of the All Progressives Congress, APC.
Describing the suit as “an affront on the judicial process”, Justice Chukwu ordered the plaintiff to pay a cost of N100, 000 to each of the defendants in the matter.
Ardo had cited the Independent National Electoral Commission, INEC, and 13 political parties that participated in the April 11 governorship election in the state as defendants in the suit.
He faulted the electoral body for conducting election in the state when the tenure of the immediate past governor, Ngilari, had not elapsed.
Specifically, Ardo who had also dragged gone to court to challenge the eligibility of former President Goodluck Jonathan to participate in the March 28 presidential poll, among other things, sought for a “declaration that by the provisions of Section 178 (2) of the 1999 Constitution, the tenure of office of Ngilari, who took oath of allegiance and office as deputy governor on February 13, 2012 and in that capacity assumed office as governor after the impeachment of former governor Murtala Nyako, expires on February 12, 2016.
As well as a declaration that the governorship election in Adamawa State amounted to a breach of section 178 (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
However, his suit was dismissed yesterday, even as the court noted that he would not have in any way benefited from the judgment assuming it was delivered in his favour.
Meanwhile, the plaintiff, yesterday, vowed to go on appeal, insisting that the judgment was erroneous and legally unsound.
Speaking to newsmen after the verdict, Ardo said: “This is clearly a faulty judgment occasioning a serious miscarriage of justice against the people of Adamawa state.
“There is a Supreme Court judgment which I put before the court that on a case of constitutional infraction locus is not required.
“In any case, the judgment has only reinforced my long held conviction that the Nigerian judiciary is centrally responsible for the systematic destruction of constitutionalism, rule of law and justice in our democratization process – the very values that it is established to enforce.
“What a great pity that the administration of justice by our courts has become the major impediment to justice for our people.
“I think if the present administration has to make any real change at all, it needs to start with the judiciary. That is where the real problem is. I will appeal the case”, he added.
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