Court strikes out suit for Nyako’s return as Adamawa Governor

A Federal High Court in Lagos on Friday threw out a suit filed by a Lagos lawyer, Olukoya Ogungbeje, seeking the return to office of impeached Governor of Adamawa State, Murtala Nyako.

Justice Okon Abang dismissed the suit numbered FHC/L/CS/1180/14 for want of merit and awarded a cost of N70,000 against the applicant.

The applicant, who said he filed the suit in the interest of the public, had prayed the court to declare the impeachment proceedings that removed Nyako as “unlawful, unconstitutional, illegal, null and void”.

Nyako, who was indicted on 16 counts of gross misconduct by a seven-man investigation panel, was impeached on July 15, 2014 by the state’s House of Assembly.

Ruling on Friday, Justice Abang held that the lawyer lacked the locus standi to institute the action and that the suit did not qualify as public interest suit.

Justice Abang was quoted by Punch: “My Lords, it is my considered reasoning that this suit is not a public interest litigation as alleged by the applicant. It is not an action instituted in the interest of the public.

“It is Nyako that will benefit from any favourable judgment, and not the public, and so this matter does not rank among public interest litigation.

“The applicant cannot cry more than the bereaved and he has no justifiable reason to file this suit because as at the time he filed it, it was not established before this court that Nyako was in detention or incapacitated.

“The applicant can also not depose to an affidavit in support of this application on behalf of Nyako who is alive. The facts deposed to by the applicant amount to documentary hearsay.