By: Valentine Adese (JP),
The allegedly suspended Local Government Council (LGC) Chairmen and Concillors in Plateau State have described the recent Order by an Area Court in the state, directing the Commissioner of Police (CP), Plateau State Command to unseal the gates of the LGCs sealed by the Order of the Inspector General of Police (IGP), as an Order obtained by Fraud and Misrepresentation.
Hon. Miskoom Alexander Naantuam, the Chairman of Shendam Local Government Council, flanked by other allegedly suspended LGC Chairmen in a press briefing at the Plateau State NUJ Press Center today, further described the step taken by the Plateau State Governor and the Attorney General, who are co-defendants in Suit No: PLD/257M/ 23- HON MISKOOM ALEXANDER NAANTUAM & 32 ORS. V GOVERNOR OF PLATEAU STATE & 1OR, to approach the Area Court in Bukuru as “Forum Shopping”
The Chairmen appealed to the Governor not to throw caution to the dust that, as a matter of moral expediency and in line with the spirit and principles of democracy he should, “RESCIND his decision on the illegal appointment of TIC”.
MISKOOM ALEXANDER NAANTUAM in part said, “That on the same 31st July 2023, the Plateau State Government took desperation to a disturbing, ridiculous and dizzying height when it approached and obtained an order of Interim Order from an Area Court sitting in Bukuru, setting aside a purported directive of the Commissioner of Police sealing off the Secretariat of the 17 Local Government and further directing the unsealing of same.
“The question we make haste to ask is whether, the Governor, who has no regard for court orders, can benefit from any court order. He approached the fountains of justice will soiled hands.
“At any event, it was the Governor’s disobedience of the order of a court of record and superior jurisdiction that resulted in the sealing off of the Local Government Secretariats.
“We are further forced to ask: who does the Governor want the secretariats unsealed for? The illegal Caretaker Chairmen and their Members?
“That it is manifestly clear even to the unlearned that, the Order obtained at the Area Court, directing the Commissioner of Police to unseal the said Secretariat was obtained by fraud and misrepresentation.
“In the first place, it was the Inspector General of Police and not the Commissioner of Police that directed the sealing off of the Secretariats.
“We also believe that, it amounts to forum shopping to file a suit in an Area Court, while the same subject matter is pending before a Superior Court of Record. We expect the Police to take the necessary steps to set aside this order”.
READ THE PRESS STATEMENT IN FULL BELOW:-
PRESS STATEMENT
Good afternoon gentlemen,
It has become imperative and compelling to address you on events that have taken place in the past 24 hours concerning our struggle against executive obtrusiveness, and disrespect for the rule of law. It bears repetition to state that the foundation of our democracy is rooted in observance of the rule of law. Any conduct from anyone, high or low that demeans the rule of law, constitutes a danger to our cherished democracy . It is important that we state in brevity in chronological order the events culminating in today’s press briefing.
That on the 10th October, 2021, the Plateau State Independent Electoral Commission (PLASIEC) conducted elections into the 17 Local Government Councils of Plateau State.
That we participated in the said election by contesting for the positions of Chairmen and Councilors in our respective Local Government Areas/Councils/ Wards. We contested and won the election on the platform of the ALL PROGRESSIVES CONGRESS (APC).
That Labouring under the real apprehension that the Governor of Plateau State, might resort to underhand means to scuttle our tenure of office, we sought refuge in the court by filing an action in the Plateau State High Court of Justice , to seek the determination of the question as to whether the Governor can remove or suspend us from office . The action so filed is Suit No: PLD/257M/ 23- HON MISKOOM ALEXANDER NAANTUAM & 32 ORS. V GOVERNOR OF PLATEAU STATE & 1OR. The said Originating Summons is attached herewith .
That Pursuant to the said Suit, we filed a motion for interlocutory injunction seeking praying the court for an order of interlocutory injunction restraining the Governor either by himself or his privies from disturbing, disputing , terminating, suspending or truncating the tenure of the local government chairmen and the legislative council. The said motion was served on the Governor on the 1st June 2023 at 12:43 pm.
The manifest implication of the above is that, having had notice of the said motion, the Governor was under obligation in law to await the decision of the court on the said motion on notice for interlocutory injunction. Instead the Governor poked his hand into the eye of the law. He resorted to self help. He treated the court process with disdain and purportedly pronounced our suspension via a press release issued by the Special Assistant to the Governor (Media)-Gyang Bere, .The said press release was issued post-service of the originating Summons and the motion for interlocutory injunction which had been fixed for 23rd December, 2023.
That when it became apparent that the Governor and his advisers have no respect for court processes, we filed an application for interim injunction restraining the Governor from giving effect to the said purported suspension by removing the Chairmen and Councillors of the 17 local Government Councils of Plateau State of Nigeria,and replacing them with any persons or group of persons under any nomenclature, pending the determination of the Motion on Notice for restorative mandatory injunction.
That on the 9th day of June, 2023, the High Court of Justice of Plateau State granted the application for interim injunction and issued an order of Interim Injunction restraining the Governor from removing and replacing the Chairmen and Councilors of the 17 Local Government Councils of Plateau with any other person or group of persons. The order which was issued on the 9th day of June 2023, was served on the Governor on the same 9th June, 2023 at 1: 56pm.
Regrettably, on the 9th June, 2023, the Governor, who is a lawyer, further delighted himself by disobeying the court order and purportedly removed the elected chairmen and Councillors of the 17 local Government Councils and purportedly replaced them by appointing his cronies as interim managers of the affairs of the Local Government Councils. This is a clear affront to the Constitution of the Federal Republic of Nigeria which the Governor swore to upload, in his oath of office.
That the Governor, through his lawyers attempted to set aside the order of interim injunction granted in our favour by a motion on notice. The said application was withdrawn and struck out on the23rd June, 2023. The implication of the withdrawal of the application and its consequent striking out is that, the order of Interim injunction restraining the Governor from removing us and replacing us subsists. With this development, the implication is that the existing status quo is that the elected Local Government Chairmen and Councilors remain in office.
The ILLEGAL TRANSITION/CARETAKER CHAIRMEN also joined the Governor to ignore the Court Order and attempted to force their way into the Local Government Secretariats. They forcefully broke into some Council secretariats using thugs and their supporters who came in large numbers wielding dangerous items, intimidating and harassing staff and security on sight. Many ran for their lives while some were injured for attempting to resist them. They broke into offices and destroyed properties as well as carted away items yet to be ascertained.
This action raised unnecessary tension and was leading towards full blown crises which warranted the Inspector General of Police to direct the CP to shut down all the Local Government Secretariats to avoid breakdown of law and order.
That the patriotic action of the Inspector General of Police is now being questioned the Plateau State Government at the Federal High Court, Jos. In SUIT NO: FHC/J/CS/30/2023- THE ATTORNEY GENERAL OF PLATEAU STATE VS INSPECTOR GENERAL OF POLICE. The suit is still pending at the Federal High Court.
- That The restraining Order of Court against the Governor, still subsists , exists and thus potent. It has not lost its binding force or power; the continuous disrespect of it by the Governor notwithstanding. This is particularly so that the matter which came up before the vacation judge on the 31st July 2023, had to be adjourned to the 25th September , 2023. It is to be noted that up till now, the Governor has not reacted or responded to the substance of the issues raised in the Originating Summons.
That on the same 31st July 2023, the Plateau state Government took desperation to a disturbing, ridiculous and dizzying height when it approached and obtained an order of interim Order from an Area Court , sitting in Bukuru setting aside a purported directive of the Commissioner of Police sealing off the Secretariat of the 17 local Government and further directing the unsealing of same. The question we make haste to ask is whether, the Governor who has no regard for court orders , can benefit from any court order. He approached the fountains of justice will soiled hands. At any events , it was the Governor’s disobedience of the order of a court of record and superior jurisdiction that resulted in the sealing off the Local Government Secretariats. We are further forced to ask: who does the Governor want the secretariats unsealed for?. The illegal caretaker chairmen and their members?
That It is manifestly clear even to the unlearned that the Order obtained at the Area court , directing the commissioner of police to unseal the Said secretariat was obtained by fraud and misrepresentation. In the first place it was the Inspector General of police and not the Commissioner of Police that directed the sealing off of the secretariat. We also believe that it amounts to forum shopping to file a suit in an Area Court, while the same subject matter is pending before a Superior Court of Record. We expect the police to take the necessary steps to set aside this order.
Again, we repeat that democratically elected Local Government Councils donot exist at the pleasure, whims and caprice of either the Governor . The Local Government is not a mere parastatals of the State. Section 7(1) of the Constitution guarantees the autonomy of Local Government Councils is guaranteed under the constitution.
OUR PLEA
We appeal to His Excellency the Governor of Plateau not to throw caution to the dust, that as a matter of moral expediency and in line with the spirit and principles of democracy RESCIND his decision on the illegal appointment of TIC.
Also, we kindly appeal to the Inspector General of Police to take immediate action to unseal the 17 Local Government Council Secretariats and allow constitutionally and Democratically elected officials resume their work as upholding the rule of law and protecting the democratic process is a responsibility that falls upon the Police Force.
So, on our mandate, we stand!!
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