BREAKING: PLHA CRISIS: MEMBERS SEEK MANDATORY INJUNCTION AGAINST, HON. YAKUBU SANDA AND 15 OTHERS, WANT N200M, AS EXEMPLARY DAMAGES

By: Valentine Adese (JP) and Paul Naomi,

The leadership crisis rocking the Plateau State House of Assembly has deepened once more, as the Plateau State High Court presided over by Hon. Justice N. Musa has fixed 31^st January, 2022, to look into the suit No: PLD/J585/2021, before it.

Two members, Hon. Gwottson D. Fom (Member Representing Jos South State Constituency) and Hon. Tyem Pirfa Jingfa (Member Representing Langtang North-North State Constituency), have dragged, Hon. Ayuba Abok, Hon. Yakubu Sanda and 14 other members of the House to the Plateau State High Court, seeking for an order of Mandatory Injunction directing the Defendants to recognize the 1^st Defendant, Rt. Hon. Abok Nuhu Ayuba as the Honourable Speaker of the Plateau State House of Assembly and accord him all the rights and privileges of his Office.

The Suit No: PLD/J585/2021, filed on behalf of the Claimants by, E.G. Pwajok (SAN) of Pwajok, Ikowe & Co; of No. 28 Ahmadu Bello Way, Jos North Local Government Area, Plateau State, is also seeking for an Order of Perpetual Injunction, restraining Hon. Sanda (2^nd Defendant) from parading himself, as the Honourable Speaker of the Plateau State House of Assembly, among other Orders.

The Claimants, (Hon. Gwottson D. Fom and Hon. Tyem Pirfa Jingfa), on the face of the suit are also claiming N200million from the Defendants, as Exemplary Damages, if the suit succeeds.

The suit, which is coming by way of Originating Summons is  seeking the Court to determine, Whether by the provision of Order 6 Rules (1) and (2) of the Plateau State House of Assembly Rules 2021, the Plateau State House of Assembly can commence sitting at any time earlier than 10 am in the forenoon on Mondays, Tuesdays, Wednesdays and Thursdays; and earlier than 9 am on Fridays.

Secondly, whether the commencement of the sitting of the Plateau State House of Assembly between the Hours of 6 am and 7 am on Thursday the 28^th day of October, 2021 was not in violation of Order 6 Rule 1 of the Plateau State House of Assembly Rules 2021 and whether the requirements of Order 14 of the Plateau State House of Assembly Rules 2021 are conditions precedent to be strictly complied with before the removal of the speaker of the Plateau State House of Assembly, among other four questions.

As reliefs, if the suit succeeds, the Claimants want the Court to declare as follows:

1. A DECLARATION that the sitting of the Plateau State House of Assembly on Thursday the 28^th day of October, 2021 between the hours of 6 am and 7 am is un-parliamentary and in violation of the provision of Order 6 Rule 1 of the Plateau State House of Assembly Rules 2021 and therefore unlawful, null and void.
2. A DECLARATION that the procedure adopted for the removal of the 1^st Defendant (Rt. Hon. NuhuAbokAyuba) was in violation of the provisions of section 92 (2) (c) of the Constitution of the Federal Republic of Nigeria 1999 as altered and Order 7 Rule 14 of the Plateau State House of Assembly Rules 2021 and therefore unconstitutional, null, void and of no effect.
3. A DECLARATION that the removal of the 1^st Defendant (Rt. Hon. NuhuAbokAyuba) as Honourable Speaker of the Plateau State House of Assembly by the votes of less than Two thirds majority or 16 members of the Plateau State House of Assembly was in violation of the provisions of section 92 (2) (c) of the Constitution of the Federal Republic of Nigeria 1999 as altered and Order 7 Rule 14 of the Plateau State House of Assembly Rules 2021 and therefore unconstitutional, null, void and of no effect.
4. A DECLARATION that the election of the 2^nd Defendant as the Speaker of the Plateau State House of Assembly on the 28^th day of October, 2021 in violation of the provisions of Section 92 (2) (c) of the Constitution of the Federal Republic of Nigeria 1999 as altered and Order 7 Rule 14 of the Plateau State House of Assembly Rules 2021 is invalid unconstitutional and null and void.
5. A DECLARATION that the provisions of Order 7(14) of the Plateau State House of Assembly Rules, 2021 which must be strictly complied with before the removal of a Speaker were not complied with on the 28^th October, 2021 therefore rendering the removal of the 1^st Defendant null, void and of no effect whatsoever.

 BELOW ARE THE LIST OF CLAIMANTS AND DEFENDANTS ON THE FACE OF THE SUIT.

1. GWOTTSON D. FOM

(Member Representing Jos South

State Constituency)                                                                           CLAIMANTS

2. TYEM PIRFA JINGFA

(Member Representing Langtang North)

North State Constituency)

AND

1. HON. NUHU ABOK AYUBA

(The Speaker, Plateau State House

of Assembly)

2. YAKUBU Y. SANDA

(Member Representing Pengana                                     

State Constituency)                                      

3. MR LONGBAP PONVEN WUYEP

(Clerk of the Plateau State

House of Assembly)

4. PLATEAU STATE GOVERNMENT
5. THE COMMISSIONER OF POLICE

(Plateau State Command)

6. THE COMMANDANT, NIGERIA DEFENDANTS

 SECURITY AND CIVIL DEFENCE CORPS,

PLATEAU STATE.

7. SALEH SHEHU YIPMONG

(Member Representing Dengi

State Constituency)

8. ISMAILA .H. BALA

(Member Representing Kantana

State Constituency)

9. ERIC DAKOGOL

(Member Representing Qua’anpan

North State Constituency)

10. ABUBAKAR MOHAMMED BALO

(Member Representing Qua’anpan

South State Constituency)

11. KWAPFUAN LIVINUS

(Member Representing Shendam

 State Constituency)                                               

12. NAANLONG .G. DANIEL

(Member Representing Mikang State    

Constituency)

13. BABA HASSAN

(Member Representing Jos North North                    DEFENDANTS

State Constituency)

14. YAHAYA MAVO

(Member Representing Wase

State Constituency)

15. ABDUL .A. YANGA

(Member Representing Mangu North

State Constituency)

16. AMURUDU HUAANI

(Member Representing Bokkos

State Constituency)

TO BE CONTINUED…..