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Monarchy

Monarchy In Maiha: Appeal Court Upholds High Court Ruling, Orders Gov’s Approval Of District Head Not Fresh Nomination, Selection, Recommendation – Interpreter

The Periscope Reporter

* The governor should therefore approve the appointment of the person already recommended by the Emirate Council, honouring court order, rather than the call for another recommendation – CSO

The jubilating community of Jalingo-Maiha district, Maiha local government area, northern senatorial zone of Adamawa state, northeast Nigeria are cut short of Jubilation on Sunday with the rumour they would not want to believe that those peddling it were not hemmed in by defective memory or out of mischief or they could be chronic-know-nothing about the law and/or both.

A Yola High Court has on 13 July, 2018, passed a judgement directing Adamawa state government to squash the appointment erroneously granted to the illegitimate to the throne and approve the appointment of Barr. Mahmud Abubakar Sulaiman, the heir to the stool, as was earlier unanimously selected by the kingmakers; the Mubi Emirate council, following the nominations by the village heads, and recommended same to the governor simply for approval other than otherwise.

The conspiracy kingpins it was gathered, conceived that anarchy should rather be instituted against the monarchy and should that failed, the legitimacy to the stool should be frustrated with undue delay intended to be denied, with contrary court injunction under the guise of appeal, the hearing and the ruling of which should equally be frustrated.

The High Court ruling was articulately related by interpretation to Governor Ahmad Umaru Fintri of Adamawa state during perhaps the first executive council meeting with the permanent secretaries after the swearing-in.

The High court order in part, issued the following declarations for which the former governor failed to honour even though it was a declarative judgement:

* That the approval of the 3rd defendant 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, is wrongful, illegal, null and void.

* That the plaintiff 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.

* It is hereby ordered that the Governor of Adamawa State (1st Defendant), should approve the plaintiff as the proper person for appointment as the District Head of Jalingo-Maiha District, Maiha Local Government Area.

*An order of perpetual injunction is hereby given, restraining the 3rd Defendant from parading himself as the District Head of Jalingo-Maiha District, Maiha Local Government Area of Adamawa State.

The new governor was reported to have directed that it was unfairly long overdue, therefore the court order should be honoured without undue delay.

The governor’s pronouncement was greeted with fanfare not only in Jalingo-Maiha district, the local government, the Mubi Emirate Council but the entire state and Emirates, commending the Fin-3 tree that blew fresh air to the monarchy malnourished by conspiracy for anarchy.

The people of Jalingo-Maiha waited in vain for the return of Mahmud, their legitimate district head as directed by the new governor.

The community was later to learn, informally though that the governor was advised otherwise, with the explanation that since the Yola High Court judgement was challenged before the Court of Appeal, it would be honourable to delay the executive approval of appointment of the legitimate district head until the determination of the superior court of competent jurisdiction.

Meanwhile, the former governor Bindow appointed and the High Court disqualified district head jumped the restraint, as the court order has directed, from parading himself as district head of Jalingo-Maiha until few months before the determination of the court of appeal.

Adamawa State Governor not only restrained the unlawfully appointed district head, he also banned him from the district. The Mubi Emirate Council equally appointed an acting district head pending the determination of the court of appeal.

As fate could favourably and faithfully have it, on September 25, 2020, the Periscope reported that “the Creator has done it again. The architects, lacking the will, are summarily put to silence fame of shame with the determination of the court of appeal upholding the Yola high court judgement on who mounts the stool as the legitimate monarch in Jalingo-Maiha district”.

“1. That the plaintiff (Mahmud Abubakar) 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.

“2. It is hereby ordered that the Governor of Adamawa State (1st Defendant), should approve the plaintiff (Mahmud Abubakar) as the proper person for appointment as the District Head of Jalingo-Maiha District, Maiha Local Government Area.”

Again, Jalingo-Maiha district, the Mubi Emirate Council, the Adamawa state and indeed entire monarchies went into fresh but extended aristocratic jubilation.

The jubilation is obstructed with a rather informal information, other people could say accounted for rumour that requires counseling two months after the Appeal Court determination, which upheld the High Court judgement that Jalingo-Maiha is yet to have Emirate Council recommended, the court granted, to have the blessing of the approval of appointment by the Adamawa state government; that a district head would again, have to be recommended to the governor for approval by the Emirate Council.

The sage would explain that the conversation generated by the seeming informal communication followed the interpretation of the appeal court judgement, dated November 12, 2020, signed by the Attorney-General and Commissioner for Justice, addressed to the permanent secretary, department of chieftaincy affairs, office of the Adamawa state governor.

The AG interpreted the judgement thus:

“The Court of Appeal Yola heard the Appeal on the merit and on the 25th day of September, 2020 dismissed same, The Court of Appeal said, at page 21 of the judgement thus:

“…the Court below was on firm ground when it found that the governor was wrong to appoint the Appellant who was not recommended for appointment by the Emirate Council instead of the 1st Respondent who was so recommended.

“At page 22 of the judgement, the Court of Appeal continued:

“Finally, all three issues having been resolved against the Appellant, The Appeal is hereby dismissed by me. The Judgement of the Court below (High Court) is hereby affirmed (in bracket mine for proper understanding).

“Legal Opinion:

“1. There is concurrent judgement on this issue

“2. The law is clear that the Governor can only approve the person recommended by the Emirate Council and forwarded to him for appointment.

“Present Position:

“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.

“The law requires that the Emirate Council should recommend one person to the Governor, whom the Governor should appointment,” The AG interpreted.

The above was the interpretation of the AG and that which requires reinterpretation understanding that sounded misleading in the Jalingo-Maiha topical conversation.

However, the already established understanding that gave reason for Jubilation in anticipation of legitimate crowned district head in Jalingo-Maiha has been that the Emirate Council’s earlier recommendation that was snubbed by the former governor, when it was sent to him for approval, is the same recommendation that both the High Court and the Appeal Court judgements favoured, directing the governor not to resend to the Emirate Council for a fresh recommendation but to approve the already recommended, as the court orders below could buttress:

“* That the approval of the 3rd defendant 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, is wrongful, illegal, null and void.

“* That the plaintiff whose (Mahmud Abubakar) name was forwarded to the Governor of Adamawa State for approval by the 2nd Defendant (Mubi Emirate Council), is the proper person to be approved for appointment as the District Head of Jalingo-Maiha District”.

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