Impeached former Adamawa State Governor, Murtala Nyako, lost yesterday in his bid to return to office as the Supreme Court dismissed an appeal, seeking, among others, his reinstatement.
Nyako was impeached on July 15, 2014 by members of the state’s House of Assembly, about 10 months to the expiration of his tenure.
A seven-member panel of the Supreme Court, in a unanimous judgment yesterday, upheld an earlier judgment of the Court of Appeal which declared the impeachment unconstitutional. The apex court’s panel, led by Justice Tanko Muhammad, refused to order Nyako’s reinstatement.
It held that Nyako had no valid appeal against the lower court’s judgment since the prayer he sought to be granted by the apex court had been withdrawn by his lawyer at the lower court.
Justice Dattijo Mohammed, who read the lead judgment, said Nyako’s appeal failed because the ex-governor’s lawyer compromised the case at the Court of Appeal when he withdrew the prayer for an order reinstating Nyako.
He said although a lawyer could “conduct, compromise or withdraw” his/her client’s case, there can be no ground of appeal where a litigant’s case had been compromised by his/ her lawyer.
Justice Mohammed upheld the Appeal Court’s decision ordering the payment of salaries and other entitlements accruable to Nyako for the period he was wrongly impeached.
“Because of the special facts enunciated in this appeal, that fact of compromising his case by his counsel is a cross that the appellant (Nyako) will continue to bear. So, 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,” Justice Mohammed said.
Other members of the Supreme Court panel, including Muhammad, Justices Clara Ogunbiyi, Mary Peter-Odili, Chima Nweze and Amiru Sanusi, agreed with Jusice Mohammed’s lead judgment.
Shortly after he was impeached, Nyako challenged the impeachment at the Federal High Court in Yola. In a judgment on May 21, 2015, Justice Balkisu Aliyu declined to hear the case on merit. She struck it out and held that her court lacked jurisdiction to hear and determine it.
Nyako appealed the decision by Justice Aliyu before the Court of Appeal in Yola.
When parties were to adopt their briefs of argument, Nyako’s lawyer withdrew the prayer for Nyako’s reinstatement.
In its judgment of February 11, 2016, a five-man panel of the Court of Appeal, Yola, led by Justice Jummai Sankey, set aside Justice Aliyu’s decision. It proceeded to determine the case on merit and voided Nyako’s impeachment.
The Court of Appeal declared Nyako’s sack as unconstitutional on the grounds that proceedings leading to the impeachment were conducted in breach of the ex-governor’s right to fair hearing.
It ordered the Adamawa State Government to pay Nyako all his accruable salaries, allowances and other entitlements for the period he was unlawfully impeached.
Meanwhile, Nyako said he accepted the outcome of the Supreme Court judgment in good faith and remained relaxed.
Nyako, in an interview with newsmen in Yola, said his major reason of going to court was to seek redress over his illegal removal.
“I am relaxe and will remain so; I always believe that the future is better,” Nyako said.
The former governor, who spoke in Hausa language thanked his supporters and well wishers for their show of support and solidarity.
“Thank you, my people of Adamawa for the show of love,” Nyako said.
Nyako said that as a renowned farmer, he would continue his farming business and continue to contribute his quota to humanity.
BY ERIC IKHILAE, ABUJA
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