The National Industrial, Yola has dismissed a suit seeking to challenge the sacking of former members of Adamawa civil service commission appointed by Fintiri’s predecessor, Senator Jibrilla Bindow, over alleged breach of federal character principles.
Delivering judgment, Justice Sanusi Kado dismissed the suit filed by five former board members, Messrs, Shuaibu Bobbo Hamid, Mohammed Mayas, Aliyu Sadiq, Shehu Audu and Amina Kabiru, for lacking in merit.
Justice Kado held that going by Section 14 (4) of the constitution, the governor is duty-bound to take into cognisance federal character in making such an appointment, the action of the former governor ran contrary to the law, noting that the court will condone such illegality once such is brought to its attention.
He noted that the 1st, 2nd, 3rd, fourth, and 5th plaintiff in the suit had not convinced the court that they were entitled to judgment.
According to him, the claimants could not show Senator Jibrilla Bindow followed due process in their engagement, violating the constitution he swore to uphold.
“Where the court finds out that the plaintiff does not have a reason ground to institute an action, the case ends there,” the judge said, citing previous cases to the effect.
“The plaintiff must understand that was not valid appoinments ab nitio it is not necessary to consider the counter claims moot and overtaken by event,” he added.
Justice Sanusi pointed out that after studying the group’s application, it failed to prove their case. The claimant’s claims fell and are hereby dismissed.
The judge further said that the court could not accede to the claimants’ request for a grant of their reliefs.
To do so will amount to encouraging violations of extant provisions of the constitution as amended and statute which was made to ensure peaceful co-existence and sense of belonging by all and sundry.
“The Governor has exceeded the perimeter of his operation,” he ruled, adding that the action of making such an appointment without recourse to the federal character was ultra vires.
“I, therefore, make an order striking out the suit for lacking in merit,” he ruled.
In an originating summons marked NICN/YL/CS/16/2019, the group had urged the court to direct the Adamawa state government to pay all their financial entitlements for four years and reinstate them back to work.
The plaintiff sued the Governor of Adamawa state, Attorney General of Adamawa state, Adamawa state House of Assembly, and Accountant general, Adamawa state, as 1st to 5th defendants.
