Monarchy In Maiha: Implementing AG’s Interpretation Of Appeal Court Judgement Not Binding On The Governor
... It's neither executive directive nor court order
The Periscope Literati
Analysts are agreed that implementing Attorney General’s Interpretation of Appeal Court judgement, especially if it is deficient by negating salient points, “defective and deceptive, is not binding on the Governor of Adamawa state.
The clarification made by social and literary critics, political analysts and critical thinkers was in contribution to the conversation instigated by the interpretation of the Appeal Court judgement delivered on September 25, 2020, which affirmed the High Court judgement on the case of monarchy in Jalingo-Maiha district being submitted by the Attorney General and Commissioner for Justice, Adamawa State, especially the quoted portion that could go as recommendation.
“The law requires that the Emirate Council should recommend one person to the Governor, whom the Governor for appointment,” the AG concluded the interpretation as above which followed the following analysis thus:
“As it is now, there is no valid appointment of District Head in Jalingo-Maiha District. The person approved by the Governor was not recommended by the Emirate Council. The person recommended by the Emirate Council was not appointed by the governor.”
What the interpretation ought to have concluded with, one of the analysands would articulate, would have been, “to validate the appointment of District Head in Jalingo-Maiha District. The person recommended for appointment by the Emirate Council should have his appointment approved by the governor as the High Court order, affirmed by the Appeal Court point number three would have it that:
“3. It is hereby ordered that the Governor of Adamawa State (1st Defendant), should approve the plaintiff (Mahmud Abubakar Sulaiman) as the proper person for appointment as the District Head of Jalingo-Maiha District, Maiha Local Government Area,” the judgement will spell out.
“If implementation of an interpretation of judgement will affect the credibility of fairness and the trust in the government for good governance, there is no reason for bowing down to it, bearing in mind that Attorney General’s interpretation of judgement is neither a court order nor executive directive.
A Court of Appeal Yola Division, Adamawa state, northeast Nigeria, in her judgement delivered by Hon. Justice James Shehu Abiriyi (JCA) on September 25, 2020, as a product of an appeal against the judgement of the Adamawa State High Court, presided over by Hon. Justice incorruptible Hafsat uncompromising Abdulrahman, delivered on July 13, 2018, filed by one Idi Usman Shehu; a nephew to a village head, whom former governor Bindow opened a seeming fascist window by imposing against a community having Bn Fodio rooted, ages old history of monarchy; against the people’s interest, the Emirate Council selected and presented for governor’s approval, indicative of the God’s choice as “a” and “the” district head of Jalingo-Maiha, has affirmed the High Court judgement.
The High court has delivered in part, the following declarative judgement for which the former governor failed to honour:
“1. That the approval of the 3rd defendant (Idi Usman Shehu) by the Governor of Adamawa State as the District Head of Jalingo-Maiha District, Maiha Local Government Area, who was not the person recommended by the 2nd Defendant (Mubi Emirate Council), is wrongful, illegal, null and void.
“2. That the plaintiff (Mahmud Abubakar Sulaiman) whose name was forwarded to the Governor of Adamawa State for approval by the 2nd Defendant, is the proper person to be approved for appointment as the District Head of Jalingo-Maiha District.
“3. It is hereby ordered that the Governor of Adamawa State (1st Defendant), should approve the plaintiff (Mahmud Abubakar Sulaiman) as the proper person for appointment as the District Head of Jalingo-Maiha District, Maiha Local Government Area.
“4. An order of perpetual injunction is hereby given, restraining the 3rd Defendant (Idi Usman Shehu) from parading himself as the District Head of Jalingo-Maiha District, Maiha Local Government Area of Adamawa State.”
The judgement is simply summarily explicit. It gives no room for parabolic or abstract, prone to defective or misleading interpretation.
Jalingo-Maiha district is expecting a fresh air from Fin-3 tree to nourish the aristocracy and monarchy malnourished by conspiracy for anarchy, a sage would say.