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Nyako reinstatement suffers set back

A Federal High Court sitting in Yola on Thursday has dismissed Gov. Murtala Nyako suit seeking his reinstatement for abuse of court process.

Justice Bilkisu Aliyu In her judgment said that Nyako has filed the same case on the same respondents to three courts of the same status,


It could be recalled  that Nyako had in November 2014 filed the suit to enforce his fundamental rights at the Yola Division of the Federal High Court.
 He alleged that he was denied fair hearing in the proceedings of the impeachment panel which recommended his removal from office to the state House of Assembly in July 2014.
He therefore prayed the court to nullify his impeachment and reinstate him as the governor of the state.


According to him, the process which led to his impeachment was unconstitutional as he was not personally served with the impeachment notice by the state’s House of Assembly.


Fintiri, the Adamawa State House of Assembly, the Chief Judge of Adamawa State, Chairman of the Impeachment Panel, Buba Kajama, and the Inspector General of Police are the respondents.
She therefore, upheld the earlier views of  Mr Leonard Nzadon counsel to first respondent who argued that the applicant had filed the same suit on the same respondents  in three different courts.


According to her, the act of filling multiple cases is an abuse of court process.


Aliyu however, dismissed the objection of the first respondent that the issue did not bother on fundamental human right to fair hearing.


She said that the applicant has his right to fair hearing as contain in section 36 subsections 6 of the constitution.
She also said that failure of the first respondent to serve the complainant personally was illegal and unconstitutional.


In his responds, Mr Ogunbele Olukoya, counsel to complainant thanked the court for its decision to dismiss the case on grounds of abuse of court process.


Our correspondent reports that Olukoya did not state whether he would appeal the judgment or not.


Also Nzidon, counsel to the first respondent thanked the court for the judgment.


He said the judgment had proven to the world that the Nigerian Judiciary was fair and just.


Governor Nyako was impeached on July 15 2014 after the state’s House of Assembly adopted the report of a seven-man investigation panel which indicted him on 16- count charge of gross misconduct.