For the benefit of doubt, I will take time to address some issues arising as best as I can. According to Section 306(5) of the 1999 Constitution of the FRN The notice of resignation of the Governor and of the Deputy Governor of a State shall respectively be addressed to the Speaker of the House of Assembly and the Governor of the State. Furthermore, Section 306 (2) states that: The resignation of any person 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 authorized by that authority or person to receive it. In the case at hand, Bala Ngilari wrote the letter addressed to the speaker but copied to Nyako and on the basis of the letter which Nyako received, Nyako purportedly appointed one Hon. Adamu Kamale as deputy governor. Can Nyako appoint a deputy governor and same deem to take effect without the said appointee taking an oath of office otherwise known as swearing in? If the letter was not properly addressed to Nyako, then how did Nyako managed to write a response to the speaker wherein he purports to appoint Hon. Kamale? As far as the constitution is concerned, a notice of resignation by a deputy governor takes effect when it is addressed to the authority whom it is meant to. Another issue is whether Bala Ngilari had denied writing and signing his letter of resignation. Can Bala Ngilari a lawyer now benefit from his wrong? Is he saying he is not aware of the provisions of the constitution with regards to resignation of a deputy governor having quoted the same provision in his letter? Not only did Ngilari resigned, he caused his press secretary to announce to the whole world that he had done so. If anybody is challenging the constitutionality of that move, the person should go to court to challenge it. That is the course of justice.
Posted on: Thu, 17 Jul 2014 09:56:59 +0000
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