Nyako: Court to hear application to set aside suit challenging impeachment

The Federal High Court in Lagos on Tuesday fixed October 16 to hear an application seeking to set aside a suit challenging the impeachment of former Governor Murtala Nyako of Adamawa State.
A Lagos-based lawyer, Olukoya Ogungbeje, had filed a suit in August challenging the legality of Nyako’s impeachment on July 15.
In his suit, Ogungbeje had argued that Nyako’s impeachment was a derogation from due process of law, and prayed the court for an order reinstating him as governor.
Listed as respondents in the suit are Acting Governor of Adamawa, Alhaji Umaru Fintiri; the Adamawa State House of Assembly; and the Acting Chief Judge of the state, Justice Ambrose Mammadi.
Others are Justice Buba Kajama, the chairman of the seven-member panel that investigated allegations of gross misconduct against Nyako; the Independent National Electoral Commission; and the Inspector General of Police.
Earlier on September 11 the trial judge, Justice Okon Abang, took arguments from parties in the case and reserved judgment till September 30.
At the resumed hearing in the case, Ogungbeje reminded the court that the business of the day was for the court to deliver its judgment after entertaining arguments from the parties.
But Chief Wole Olanipekun (SAN), representing the first, second and third respondents, drew the court’s attention to his pending application before it.
Olanipekun argued that the originating processes were not served on his clients, adding that when the lapses were brought to the court’s attention, the court directed counsels to adopt their written addresses.
Olanipekun, therefore, prayed the court for leave to move his application.
The applicant, however, opposed the application and insisted that the business of the court was to deliver judgment.
Justice Abang, in his ruling, held that although the court had adjourned the matter for judgment, it was in the overriding interest of justice to hear the application of counsel to the respondents.
He said: “On September 11 during the court’s vacation, I adjourned this matter for judgment, haven heard parties in the suit.
“However, on September 22, the court registrar drew my attention in chambers to an application by the first, second and third respondents.
“I then fixed it for hearing on September 26 and ordered hearing notices to be issued on parties.
“On the return date, the first to fifth respondents were present in court but the applicant was absent.
“I checked the court’s file and found that he was not served with a hearing notice.
“Issues arose as to the need to hear the competing rights of parties before judgment is delivered.
“There is no intervening event that will make me change my mind.
“I will take the latter day application and then determine if the reserved judgment will be delivered.
“If parties are ready to canvass their arguments now, the court is ready.
“I so hold.”
After the ruling, the applicant informed the court that he was not prepared to respond to the application and prayed the court for a short adjournment.
Ogungbeje stressed the need for the court to avail him of the earliest possible date in the first week of October, bearing in mind that the gubernatorial election in Adamawa State was billed to hold on October 11.
Responding, Olanipekun argued that the first week would not be convenient, adding that he would only be available on October 16 and 17.
He and urged the court to adjourn the suit to any of the dates.
Abang in a short ruling adjourned the suit to October 16 for hearing.
In the suit, Ogungbeje is seeking a declaration that the setting up of a seven-member panel by Justice Mammadi after his order stopping the Adamawa State House of Assembly from constituting the panel was biased.
He argued that it was also a violation of Nyako’s right to fair hearing and fair trial as guaranteed under Section 36 of the 1999 Constitution (as amended).
Ogungbeje also asked the court to declare that the establishment of the panel by the House of Assembly and Mammadi against a subsisting order of court was contemptuous, undemocratic and a flagrant violation of the constitution.
Besides, the applicant is urging the court to nullify Nyako’s impeachment of July 15 and order Fintiri to vacate office as acting governor forthwith.
He also averred that the failure of the respondents to serve the impeachment notice personally on Nyako was a breach of his (Nyako’s) right to fair hearing and trial.