Below is the Certified True Copy of the Court Order of Justice Ademola of the Federal High Court sitting in Abuja wherein the Court removed the Acting Governor of Adamawa State, Rt. Hon Ahmadu Umaru Fintiri and ordered the immediate swearing-in of Barrister Bala Nggilari as the substantive Governor of Adamawa State. The Court granted the following prayers of the Plaintiff (Bar. Bala Nggilari) filed by his counsel, Festus Keyamo:
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1. “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) the Plaintiff (Barr. Bala James Nggilari), as Deputy Governor of Adamawa State, did not resign his office by addressing a letter of resignation dated 15th July, 2014 to the 1stDefendant (Speaker, Adamawa State House of Assembly).
2. 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) the purported resignation of the Plaintiff as Deputy Governor of Adamawa State did not take effect when the purported Letter of Resignation was received by the 1st Defendant (Speaker, Adamawa State House of Assembly) on the 15th of July, 2014.
3. 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) the declaration of the office of the Deputy Governor of Adamawa State (then occupied by the Plaintiff) vacant on the 15th of July, 2014 vide the Votes and Proceedings of the 2ndDefendant of same day is unconstitutional, illegal, null and void.
4. A DECLARATION that by the sequence of the legislative business of the 2nd Defendant as contained in the transcript of the Votes and Proceedings of the Adamawa State House of Assembly (2nd Defendant) of Tuesday, July 15th, 2014, the 5th Defendant (Murtala Nyako) was still the Governor of Adamawa State at the time the 1st and 2nd Defendants received, accepted and acted upon the purported letter of resignation of the Plaintiff (Barr. Bala James Nggilari) to declare his seat vacant.
5. 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) the Plaintiff (Barr. Bala James Nggilari) did not resign from office as Deputy Governor of Adamawa State as strictly stipulated by the 1999 Constitution of the Federal Republic of Nigeria (as amended).
6. A DECLARATION that by virtue of section 191(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), after the impeachment of Murtala Nyako (5th Defendant) as Governor of Adamawa Sate, the Plaintiff ought to be sworn in as Governor of Adamawa State.
7. A DECLARATION 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 3rdDefendant (Rt. Hon. Ahmadu Umaru) as Acting Governor of Adamawa State on 15th of July, 2014 is illegal and unconstitutional.
8. A DECLARATION that, by the provision of section 191(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the 6th Defendant cannot conduct any election to fill the office of the Governor of Adamawa State after the impeachment of Murtala Nyako, as the Deputy Governor (Barr. Bala James Nggilari) did not resign from that office as strictly stipulated by section 306 (1), (2) and (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
9. AN ORDER of injunction restraining the 6th Defendant (INEC) whether by itself, its agents, servants, privies, officers or otherwise howsoever, from conducting a bye-election to fill the office of the Governor of Adamawa State as a consequence of the impeachment of the 5th Defendant (Murtala Nyako) and the purported/unconstitutional resignation of the Plaintiff (Barr. Bala James Nggilari) as Deputy Governor of Adamawa State.
10. AN ORDER of this Honorable Court removing the 3rd Defendant (Rt. Hon. Ahmadu Umaru) as the Acting Governor of Adamawa State forthwith.
11. AN ORDER of this Honorable Court directing the Chief Judge of Adamawa State (or Acting Chief Judge, as the case may be) or the President of the Customary Court of Appeal to swear in Barr. Bala James Nggilari (the Plaintiff) IMMEDIATELY as the substantive Governor of Adamawa State.”
Thank you.
FESTUS KEYAMO CHAMBERS