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Murtala Nyako cannot complete his tenure – Supreme Court

by on December 17, 2016
 

The Supreme Court on Fri­day dismissed an appeal by ex- governor Murtala Nyako of Adamawa, seeking re­instatement to complete his tenure of office.

Nyako was on July 15, 2014, impeached as governor of the state after spending three of the four years in office.

Delivering the judgment, Jus­tice Tanko Muhammad led the seven-man panel to hold that the appeal was lacking in merit.

“This court agrees with the earlier decision of the Court of Appeal that declared Nyako’s re­moval from office as illegal.

“We also hold onto the deci­sion of the lower court that fails to reinstate the appellant because of the special facts of the case,’’ he said.

Muhammad said the appeal had to fail because Nyako’s coun­sel compromised the case at the lower court when he withdrew the prayer seeking the ex-gover­nor’s reinstatement.

“There could be no ground of appeal when a litigant’s case was compromised by his or her counsel and on that score alone the appeal has to fail.

“However, the remedy by the appeal of court ordering the pay­ment of salaries and other enti­tlements accruable to the ap­pellant for the period he was illegally removed from office, was in order,’’ he said.

“There will never be a forum again where that issue of rein­statement would be raised again, and to that extent, that informs my dismissal of the appeal in its entirety,’’ Muhammad held.

Nyako had through his coun­sel, Mr Olukoya Ogungbeje, filed a fundamental human rights en­forcement suit before the Feder­al High Court, Yola, challenging his removal from office by the state’s House of Assembly.

Delivering judgment on suit on May 21, 2015, Justice Balkisu Aliyu went ahead to strike out the case.

The judge held that the court lacked jurisdiction to entertain it.

Dissatisfied with the outcome of the proceeding at the trial court, Nyako approached the Court of Appeal in Yola to chal­lenge the decision of the court.

Nyako, after the filing of the appeal went on to brief anoth­er lawyer, Mr Ibrahim Isiaku (SAN), to lead his legal team.

The confusion ensued at the point of adoption of written ad­dresses when it was held that Isiaku had withdrawn the prayer seeking the ex-governor’s rein­statement.

READ  EFCC Arraigns Murtala Nyako & Senator Abdul-Aziz Nyako For N29 Billion Fraud
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