The Federal High Court Judge, Justice Adeniyi Ademola has sacked the Adamawa state acting governor,Ahmed Fintiri on the ground that the former deputy governor Bala Ngilari did not resign from office in accordance with the provision of the 1999 constitution of the Federal Republic of Nigeria.
The high court ordered the state chief judge to swear in the former deputy governor Bala Ngilari fortwith. He also stopped the Independent National Electoral Commission (INEC) from conducting any bye-election in the state.
What is the mode of resignation recognised by the constitution?
Section 306 of the 1999 CFRN (1) any person who is appointed , elected or otherwise selected to any office established by this constitution may resign from that office by writing under his hand addressed to the authority or person by whom he was appointed, elected or selected.
The mode of resignation by the former deputy governor was not in accordance with the provision of the constitution because when the letter of resignation was tendered Governor Nyako was still the governor, the act is null and void.
Section 306 (2) state that the resignation from any office established by this constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it.
The deputy governor claimed the letter was addressed to the governor, Nyako even though a copy was sent to the speaker, the speaker does not have the right or authority of the governor in whom the letter was addressed to act on it. Therefore nullifying the action of the house of Assembly.
Whenever a governor is impeached, the deputy governor automatically become the governor. Except he is impeached or he tendered his resignation in accordance with the provision of the constitution, then the speaker can assume office.
when can the speaker be sworn in as the governor ?
Section 306(5) the notice of resignation of the Governor of a state shall respectively be addressed to the speaker of the House of Assembly and the Governor of the state.
Conclusively, the deputy cannot be said to have resigned since the letter was not addressed to the authority that acted on the content of the letter of resignation
The high court ordered the state chief judge to swear in the former deputy governor Bala Ngilari fortwith. He also stopped the Independent National Electoral Commission (INEC) from conducting any bye-election in the state.
What is the mode of resignation recognised by the constitution?
Section 306 of the 1999 CFRN (1) any person who is appointed , elected or otherwise selected to any office established by this constitution may resign from that office by writing under his hand addressed to the authority or person by whom he was appointed, elected or selected.
The mode of resignation by the former deputy governor was not in accordance with the provision of the constitution because when the letter of resignation was tendered Governor Nyako was still the governor, the act is null and void.
Section 306 (2) state that the resignation from any office established by this constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it.
The deputy governor claimed the letter was addressed to the governor, Nyako even though a copy was sent to the speaker, the speaker does not have the right or authority of the governor in whom the letter was addressed to act on it. Therefore nullifying the action of the house of Assembly.
Whenever a governor is impeached, the deputy governor automatically become the governor. Except he is impeached or he tendered his resignation in accordance with the provision of the constitution, then the speaker can assume office.
when can the speaker be sworn in as the governor ?
Section 306(5) the notice of resignation of the Governor of a state shall respectively be addressed to the speaker of the House of Assembly and the Governor of the state.
Conclusively, the deputy cannot be said to have resigned since the letter was not addressed to the authority that acted on the content of the letter of resignation
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