Monarchy In Maiha: No District Head Month After A Court Order Of Mandatory Injunction
By Adamu Mohammed Dodo, Yola
…The primacy of the Judiciary feared violated, how democratic rather than fascist is the government! Yinka Dare
Over a month that a High Court in Yola served notice of judgement; an order of mandatory injunction compelling the Adamawa state governor to approve the appointment of Mahmud Abubakar as the legitimate District Head of Jalingo-Maiha District, the Palace remains vacant.
Political pundits would ask where lies the primacy of the Judiciary in a democratic government that against contempt of court, ought to honour the rule of law, equality before the law and fundamental human rights.
The electorates would not figure out “why the Adamawa State Governor is so much against the monarchy and the nobility in Jalingo-Maiha to have warranted undue delay in the approval of the appointment of the court declared, Emirate Council selected district head, typical of denial of the legitimacy of the district headship and the primacy of the court and judiciary?
“It is not just a court and a judge but the Chief Judge of Adamawa State that has passed the judgement, which is in line with the earlier high court and the appeal court judgements. So why is the executive undue delay in adhering to the court order and by implication, the rule of law?”
Social commentators have observed that Maiha is the only local government in Adamawa that the state government has not visited after the 2019 electioneering campaign. What could be the reason is not readily known and/or whether or not the reason(s) is/are linked to what informed to what amounts to contempt of court in the rejection? refusal to honour court orders.
“What is more worrisome is the speed with which the governor approved the appointment of district head of Pakka. Why the selective endorsement and why is championed by the chief executive of the state who ought to be fair to both friends, family and foe without fear or favour. We honestly feel the fever of failure.
A Lagos based human rights activist, Yinka Dare, whose group earlier proposed a free legal service to file for an order of mandatory injunction against the Adamawa state governor, if the aristocratic family in Jalingo-Maiha would give the permission lamented that “the primacy of the Judiciary is feared violated. One would be left to contemplate how democratic rather than fascist is the government?
“We’re considering naming and shaming any governor and/or government that conceive(s) that the executive immunity enjoyed is extended to undermining the courts of law and the primacy of the Judiciary”.
“Jalingo-Maiha is peaceful with peace living, peace loving people, rather than taking the path of violence, the ruling family opted to resolve the monarchical differences before the law. If any person, group or institution would discourage the law-abiding citizens from the Judiciary in general and the justice with the courts of law in particular, it shouldn’t be a chief executive of the state,” the electorates would argue.
The court order read thus:
“In the High Court of Justice of Adamawa State of Nigeria in the Yola Judicial Division Holden At Yola Before His Lordship Hon Justice Nathan Musa (Chief Judge) This 15th Day Of June, 2022
Judgement: Between Mahmud Abubakar And Governor Adamawa State
Court Order
On the whole therefore, this application having been meritorious is granted as prayed. I shall now pronounce and order as follows:
An order of mandatory injunction compelling the Executive Governor of Adamawa State to approve the name of Mahmud Abubakar as the proper person for appointment as the District Head of Jalingo-Maiha District in Maiha Local Government of Adamawa State.
Issued at Yola Under the Hand of the Hon Chief Judge and Seal of Court. This 16th Day of June 2022
Signed by Barr Helen Samuel, (D.R.C Litigation)…
