An Adamawa State High Court sitting in Yola monday dismissed an application brought before it by the state House of Assembly seeking an injunction to allow it serve Governor Murtala Nyako and his deputy impeachment notice through the media.
The development was necessitated by several attempts by the Clerk of the assembly, Mr. Francis Gbendenso, who was said to be unable to serve the governor and his deputy the impeachment notice as directed by the assembly.
The acting Chief Judge of the state, Justice, Ambrose Mammadi, in his ruling, held that: "In view of the ruling of the Supreme Court in the case of Inikojo vs Adeleke to which I am bound, I refused to exercise my discretions to grant the application sought by the House of Assembly
"I hold that service of the notice of allegation against the respondents must be personal service. I resolve the issue for determination in the negative. I refused the application and it is accordingly dismissed.”
However, the assembly, observing that the ruling by the acting Chief Judge was not in its favour, immediately sought an injunction from another High Court in Yola to allow it go ahead with its plans to serve the governor and his deputy the notice through the media Presided by the Deputy Speaker of the assembly, Hon. Kwamoti Laori, at the floor of the assembly yesterday, the assembly directed the Clerk to go ahead and publish the said impeachment notice in two national dailies and the Nigeria Television Authority (NTA).
However, at the assembly’s sitting, only nine members were present while 15 lawmakers were said to be absent including the speaker. Although the deputy speaker said some of the members were absent on by permission, and were on assignment.
During the sitting, the deputy speaker who presided over the plenary, invited the clerk to brief the assembly his ordeal and why he was unable to serve the governor and his deputy the impeachment notice as directed by the assembly .
The Clerk noted that he visited the offices of the governor and his deputy several times without success, stressing that he had gone to court to obtain an affidavit as directed by the leadership of the assembly to serve the governor and his deputy through two national dailies and the NTA.