Lagos \u2013 A Federal High Court in Lagos on Friday struck out a suit filed<\/p>\n
by Mr Olukoya Ogungbeje, a lawyer, seeking the reinstatement of impeached
\nGov. Murtala Nyako of Adamawa.<\/p>\n
Justice Okon Abang struck out the suit on the grounds that the applicant
\nlacked the locus standi to institute the action.
\nAbang described the applicant as a meddlesome interloper in the affairs
\nthat do not concern him.<\/p>\n
According to him, the right to challenge Nyako\u2019s impeachment resides
\nsolely in Nyako as the one impeached and not the applicant.
\nThe judge held that the applicant should have allowed Nyako to carry his
\nown cross and not cry more than the bereaved.<\/p>\n
He said that the operative word in the preamble to the Fundamental Human
\nRights Enforcement Procedure Rules was \u201cmay\u201d and not \u201cshall.\u201d<\/p>\n
\u201cThis implies that not all human rights enforcement cases could not be
\ndismissed for lack of locus standi.<\/p>\n
\u201cIt is my considered reasoning that this suit is not a public interest
\nlitigation as alleged by the applicant. It is not an action instituted in
\nthe interest of the public.<\/p>\n
\u201cIt is Nyako that will benefit from any favourable judgment and not the
\npublic, and so this matter does not rank among public interest
\nlitigations.<\/p>\n
\u201cThe applicant cannot cry more than the bereaved and he has no justifiable
\nreason to file this suit.<\/p>\n
\u201cAs at the time he filed it, it was not established before this court that
\nNyako was in detention or incapacitated.<\/p>\n
\u201cThe applicant can also not depose to an affidavit in support of this
\napplication on behalf of Nyako, who is alive.<\/p>\n
\u201cThe facts deposed to by the applicant amount to documentary hearsay,\u201d
\nAbang added.<\/p>\n
The judge also pointed out that the suit ought to have been filed in Yola
\nwhere Nyako was impeached, not in Lagos.<\/p>\n
The court further set aside service of the processes in the matter on the
\ndefendants, on the ground that it was not properly done.<\/p>\n
Abang held that the applicant served the respondents through the Adamawa
\nState Government Liaison Office in Lagos on Aug. 15, before the order for
\nsubstituted service was made on Aug. 26.<\/p>\n
He said that besides, the identity of the person served was unknown.
\nThe judge further held that the applicant had no cause of action against
\nthe Independent National Electoral Commission (INEC) and the Inspector
\nGeneral of Police \u2013 joined as fifth and sixth respondents respectively.<\/p>\n
Abang declared the suit incompetent and lacking merit and awarded N70,000
\ncost against Ogungbeje in favour of the respondents.<\/p>\n
In the suit, Ogungbeje had argued that Nyako\u2019s impeachment on July 15 was
\na clear departure from due process of law and prayed the court for an
\norder reinstating him.<\/p>\n
Respondents in the suit were former Acting Governor of Adamawa, Umaru
\nFintiri, Adamawa State House of Assembly and the Acting Chief Judge of the
\nState, Justice Ambrose Mammadi.<\/p>\n
Others were Justice Buba Kajama, (Chairman of the seven-member panel that
\ninvestigated allegations of gross misconduct against Nyako), INEC and the
\nIGP.<\/p>\n
He argued that the failure of the respondents to serve the impeachment
\nnotice personally on Nyako was a breach of the impeached governor\u2019s right
\nto fair hearing and trial.<\/p>\n
Ogungbeje averred that inauguration of seven-member panel by the state
\nChief Judge after an order stopping the Adamawa State House of Assembly
\nfrom constituting the panel, was biased. (NAN)<\/p>\n","protected":false},"excerpt":{"rendered":"
Lagos \u2013 A Federal High Court in Lagos on Friday struck out a suit filed by Mr Olukoya Ogungbeje, a lawyer, seeking the reinstatement of impeached Gov. Murtala Nyako of…<\/p>\n","protected":false},"author":1,"featured_media":26900,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-32935","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n