Nyako’s Prayer for Reinstatement as Governor Fails at Supreme Court

By Tobi Soniyi in Abuja

The Supreme Court has dismissed an appeal by former governor of Adamawa State, Murtala Nyako seeking to be reinstated as the state governor.

Nyako was impeached by the State House of Assembly on July 15, 2014, ten months before he concluded his tenure.

The Court of Appeal had earlier declared his impeachment unconstitutional but declined to reinstate him.

Yesterday, a panel of seven justices of the Supreme Court upheld the Court of Appeal’s decision.

The court said that because of the way the case was handled at the Appeal Court, it was unable to order that Nyako be reinstated.

In the judgement delivered by  Justice Dattijo Mohammed, the apex court held that the appeal must fail because Nyako’s lawyer had compromised the case at the Appeal Court by withdrawing the prayer seeking the ex-governor’s reinstatement.

His Lordship held that a lawyer was entitled to conduct, compromise or withdraw his or her client’s case, but that there could be no ground of appeal when a lawyer compromised his client’s case.

“On that score alone the appeal fails,” Justice Mohammed ruled.

However, the court upheld the order of the court of appeal that Nyako be paid his salaries and other entitlements which he would have earned had he not been impeached.

The court said that Nyako would bear the consequences of the decision of his lawyer to withdraw the prayer for his  reinstatement before the appeal court.

Justice Mohammed held: “Because of the special facts enunciated in this appeal, that fact of compromising his case by his counsel is a cross that the appellant (Nyako) will continue to bear.

“So, there will never be a forum again where that issue of reinstatement would be raised, and to that extent, that informs my dismissal of the appeal in its entirety.”

Justice Tanko Muhammad and other members of the apex court’s panel, comprising Justices Clara Ogunbiyi, Mary Peter-Odili, Chima Nweze and Amir Sanusi, agreed with the lead judgement.