A Federal High Court sitting in Lagos yesterday refused to assume jurisdiction over a case filed by a Lagos lawyer, Olukoya Ogungbeje, challenging the impeachment of former governor of Adamawa State, Murtala Nyako, describing the suit as an abuse of court process.
The trial judge, Justice Okon Abang while striking out the suit on the ground that Ogungbeje lacked the locus standi to institute the action described him as a meddlesome interloper in the affairs that do not concern him.
The judge also held that the right to challenge the impeachment of July 15, resides solely in Nyako, who was impeached and not the applicant.
Recall that Nyako was impeached on July 15, 2014 by the Adamawa State House of Assembly after a panel set up by the chief judge of the state indicted him of gross misconduct.
Though the speaker of the State House of Assembly, Hon Umaru Fintiri was initially sworn-in as acting governor, Nyako’s deputy, James Bala Ngilari, who purportedly resigned moments before the impeachment of his boss, later took over as substantive governor of the state after a Federal High Court in Abuja nullified his resignation.
Ogungbeje, in the dismissed suit, had told the court that Nyako’s impeachment was a clear derogation from the due process of law and that the failure of the respondents to serve the impeachment notice personally on the former governor was a breach of his right to fair hearing and fair trial.
Respondents in the suit were Fintiri, Adamawa State House of Assembly and the acting chief judge of the state, Justice Ambrose Mammadi.
Others were Justice Buba Kajama, (chairman of the seven-member panel which investigated allegations of gross misconduct against Nyako), INEC and the IGP.
However, Justice Okon Abang held that the applicant should have allowed Nyako to carry his cross and not cry more than the bereaved.
