MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): The appellant, Admiral Murtala Nyako, a retired naval officer, was elected the Governor of Adamawa State on the 5th of February 2012 to serve for a term of four years from the date he subscribed to the oath of the office. On the basis of its allegation of misconduct against the appellant, the 1st respondent following a resolution it passed, commenced the process of appellant's removal from the office of the Governor of Adamawa State he was elected to.
Aggrieved by 1st respondent's failure to follow the laid down procedure prescribed by the Constitution for the removal of a Governor, the appellant, by an originating motion filed on 13th November 2014, challenged his purported impeachment by the 1st respondent and sought for his reinstatement at the Federal High Court sitting at Yola, hereinafter referred to as the trial Court.
1st respondent not only challenged the competence of the originating motion by way of preliminary …