Nyako nonetheless had 10 months left to spend in workplace when he was eliminated by the Adamawa State Home of Meeting on July 15, 2014.
The seven-man panel of the apex court docket led by Justice Tanko Muhammad held in its judgment that it agreed with the sooner choice of the Courtroom of Enchantment that declared Nyako’s removing from workplace as unlawful, however that it was unable to reinstate him due to the “particular info” of the case whereas it was earlier than the decrease court docket.
The Supreme Courtroom defined in its lead judgment learn by Justice Dattijo Mohammed that the enchantment needed to fail as a result of Nyako’s lawyer had compromised the case on the Courtroom of Enchantment by withdrawing the prayer looking for the ex-governor’s reinstatement.
Justice Mohammed held lawyer was entitled to “conduct, compromise or withdraw” his or her consumer’s case, however that there could possibly be no floor of enchantment when a litigant’s case was compromised by his or her lawyer.
“On that rating alone the enchantment fails,” Justice Mohammed dominated.
The Justice of the Supreme Courtroom mentioned the treatment accredited by the enchantment court docket by ordering the fee of salaries and different entitlements accruable to the ex-governor for the interval he was illegally faraway from workplace, was so as.
However he dominated that Nyako needed to proceed to bear as his cross the compromise of his case by his lawyer when the mentioned counsel voluntarily withdrew the prayer for the ex-governor’s reinstatement earlier than the Courtroom of Enchantment.
He dominated, “Due to the particular info enunciated on this enchantment, that truth of compromising his case by his counsel is a cross that the appellant (Nyako) will proceed to bear.
“So, there’ll by no means be a discussion board once more the place that subject of reinstatement could be raised once more, and to that extent, that informs my dismissal of the enchantment in its entirety.”
Justice Tanko Muhammad and different members of the apex court docket’s panel, comprising Justices Clara Ogunbiyi, Mary Peter-Odili, Chima Nweze and Amir Sanusi, agreed with the lead judgment ready by Justice Dattijo Mohammed.
Respondents to Nyako’s appeals have been the Adamawa State Home of Meeting, the Chairman of the seven-man panel that beneficial the removing of the ex-governor to the Adamawa State Home of Meeting, Buba Kaigama, and the Inspector-Common of Police.