Former Adamawa State Governor, Murtala Nyako, has requested the Acting Chief Judge of the state, Justice Ambrose Mammadi, to quickly assign his newly filed suit to a vacation judge.
He is through his suit, marked ASY/107/2014, seeking among other things, an order to disband the Judicial Commission of Inquiry set up by the administration of the acting governor, Ahmadu Fintiri, to probe his administration.
In his letter sent by his lawyer, Chief Niyi AKintola (SAN), to Justice Mammadi, he requested that his suit be heard during the ongoing vacation of state and federal judges.
The letter, which was signed by a lawyer in Akintola’s law firm, Mr. Oladele Oyelami, read in part, “This suit was filed on August 8, 2014 together with an affidavit of urgency given the nature of this suit.
“Consequently, I have instructions of Chief Niyi Akintola (SAN) and our client to write your lordship on the urgent need to assign this suit to the vacation judge of the state, Justice Hafsatu Abdulrahman, in order for us to be given the earliest possible date to heard, given the nature of interlocutory applications filed along with the originating processes.
“We implore my lord to give urgent consideration to our request as we anticipate a quick response to our application.”
The defendants in the suit are the Adamawa State Judicial Panel of Inquiry, Chairman of the panel, Justice Bobo Umar; Philemon Leha (retd DIG); Mr. Zira Maigadi, Sulaiman Naiwa and Abubakar Abdullahi.
Others are Samuel Kyanson, Dedan Nyari (Secretary of the panel); the Attorney-General of the state and the Solicitor-General/Permanent Secretary of the state Ministry of Justice.
In a supporting affidavit to the suit, the former governor argued that the setting of the commission was illegal as it was done without recourse to the House of Assembly.
He alleged that the acting governor had set up the commission to persecute him, adding that he was also not served with the summons of the panel.
The supporting affidavit read in part, “Plaintiff avers that when he learnt about the purported commission of inquiry, he directed his solicitor/counsel. Adeniyi Akintola, to institute an action against the defendants to challenge the setting up of the purported Judicial Commission of Inquiry which has been merely set up to witch hunt and indict the plaintiff (Nyako).
“The plaintiff avers that the totality of the allegations leveled against him by the defendants are false.
“Plaintiff avers that since he was the principal target of the probe that he was neither served the summons nor notified of the allegation(s) warranting or leading to the setting up of the commission of inquiry.
“Plaintiff avers that the essence of the setting up of the Judicial Commission of Inquiry constituted by the acting governor is to embarrass and/or ridicule his person because of the political difference between the plaintiff and acting governor in particular.”
He is therefore seeking “a declaration that the defendants have no power to set up a Judicial Commission of Inquiry to investigate the plaintiff and his administration between 2007 and 2014 in contravention of the provisions of the constitution of the Federal Republic of Nigeria.
“A declaration that the defendants do not have the constitutional power(s) to inaugurate and set up the Judicial Commission of Inquiry without recourse to the Adamawa State of Assembly in line with the provisions of the Constitution of the Federal Republic of Nigeria.