The tenure of acting Governor of Adama­wa State, Umar Fin­tiri, was yesterday brought to an abrupt end by a Federal High Court, sit­ting in Abuja that ordered his removal from office on the ground that his swear­ing in was illegal and uncon­stitutional.
In his place, the court or­dered that the state Chief Judge or the President of the Customary Court of Appeal should immediately swear in Bala Ngilari as the substantive governor after holding that the latter’s purported resignation as deputy governor of the state was not effective in the face of the law.
Besides, the court stopped the Independent National Electoral Commission (INEC) from conducting bye-election to the office of the governor, saying the office was not va­cant.
Ngilari had gone to court seeking an order declaring his resignation illegal and pray­ing for the removal of Fintiri as acting governor of the state.
He also asked the court through his counsel, Mr. Fes­tus Keyamo, to order the chief judge of Adamawa State or acting chief judge, as the case may be, or the president of the Customary Court of Appeal to swear him in as the substan­tive governor.
Joined as defendants in the suit were Adamawa State House of Assembly, Adama­wa State Chief Judge, acting governor, deputy governor and INEC.
Delivering his judgment, Justice Ademola stated that the main issue in the suit was to determine whether the plaintiff effectively resigned his office as the deputy gover­nor of the state.
After considering the sub­mission made by parties to the suit, Justice Ademola held that going by Section 306(1)(2) and (5) of the 1999 Constitu­tion, the purported resignation was not in strict compliance with the section.
He held that the letter of resignature exhibited by the state House of Assembly was not valid within the contem­plation of the law.
The court further held that the onus had shifted to the act­ing governor to prove that a copy of the resignation letter was in the file handed over to him.
He noted that there was neither a letter nor a certified true copy showing that a copy of the resignation letter was submitted to former Governor Murtala Nyako.
Justice Ademola further held that all the documents exhibited by the defendants had doubtful origin, adding that the exhibits lied against themselves and that the court discountenanced them.
He added that no one was permitted to waive constitu­tional provisions.
“There is no proof of letter of resignation before the court. Going by this, the plaintiff did not resign from office as the deputy governor of Adama­
wa State on July 15, 2014 as claimed by the defendants.”
The court also held that the swearing in of the acting governor was unconstitutional and illegal.
He also held that INEC could not hold any bye-elec­tion in the state.
The court, therefore, or­dered that in line with Section 306 (1)(2), the purported res­ignation of the plaintiff was not effective, adding that the plaintiff did not resign from office.
The court further ordered that going by Section 191 of the 1999 Constitution, after the impeachment of Nyako, the deputy governor should have been sworn in.
He also held that the swearing in of Fintiri as the acting governor was illegal and unconstitutional and hence should be removed im­mediately.
The court also made an order of perpetual injunction restraining INEC from con­ducting a bye-election in the state.

Adamawa: Court sacks Fintiri