By: Valentine Adese (JP),
Allegedly suspended Local Government Council Chairmen and their Councilors in Plateau State in Suit No: PLD/1257/2023, have told the Plateau State High Court that, Governor Caleb Mutfwang (Esq) is not the President of Nigeria to remove them from office as they are elected Executives in the 17 LGCs of the state.
The Claimants in the Affidavit in support of their Originating Summons, deposed to by Hon. Miskoom Alexander Naantuam, the Chairman of Shendam LGC and who doubles as the Chairman of the Plateau State chapter of the Association of Local Government of Nigeria (ALGON) stated that, they would want to know whether in the light of Section 7(1) of the Constitution of the Federal Republic of Nigeria (FRN), they can be removed from office by any means other than by democratic method.
Adding that, “The Claimants also desire to known if the Ist Defendant can exercise the powers conferred on him by Section 95(1) in the light of Section 305(3)(a-f) and of the Constitution of the Federal republic of Nigeria.
“That the 1st Defendant is not the President of Nigeria.
“That other than Section 95(1) of the Plateau State Local Government Law, there is no power conferred on the 1st Defendant by any Law to remove any of the Claimants from office, either as Chairman or Councilor.
“That unless the question raised in the Originating Summons, seeking the interpretation of Section 95(1) of the Plateau State Local Government Law, 2016 vis a vis Section 7(1) and 305(3)(a-f) and (4) of the Constitution of the Federal republic of Nigeria, are determined and the reliefs granted, the 1st Defendant will have recourse to the said provisions to remove the Claimants from office”.
You would recall that, REALITY had also reported that, the allegedly suspended LGC Chairmen in Plateau State, would on the 25th of September, 2023 be praying the Plateau State High Court for an Order of Perpetual Injunction restraining the Defendants in Suit No: PLD/1257/2023, by themselves or by their servants, agents or privies from truncating, according to Section 1(1) of the Constitution of the Constitution of the Federal Republic of Nigeria, 1999 as amended and also an Order of Perpetual Injunction restraining the Defendants by themselves or by their servants, agents, and or privies from nominating or appointing any person or group or persons under any guise or nomenclature to run the affairs of any Local Government in Plateau State, while the tenure of the Claimants is extent.
You would recall that, the matter was adjourned to the 25th of September, 2023, owing to, an Application for Joinder filed by, Hon. Zulfa Bitrus Rimven the former Chairman of, Langtang North LGC.
It is also of note that, before the adjournment, the Defendants in the suit, the Governor of Plateau State, and the Attorney General of Plateau state, are yet to file their response to the Originating Summons filed by the Chairmen.
The Claimants (Chairmen) in the face of their Originating Summons would also be praying for the following reliefs below:-
- Whether the provision of Section 95(1) of the Plateau State Local Government Council Law, 2016 empowers the Defendants to arbitrarily or whimsically appoint any person or persons under the guise of undescribed extra-ordinary measures to run the affairs of the Local Government in the place of the Claimants, who were elected through a democratic election, or pursuant to Section 7(1) of the Constitution of the FRN, 1999 (as amended), and whether such sweeping undefined powers so granted is not inconsistent with Section 7 (1) of the Constitution of Federal Republic of Nigeria.
- Whether the powers donated to the 1st Defendant by Section 95(1) of the Plateau State Local Government Council Law, 2016 to take extra-ordinary measures, by instrument circumstance or situations listed in the said Section 95(1) (a-f) is not inconsistent with the provision of Section 305 (3)(a-f) and (4) of the Constitution of the FRN, 1999 (as amended), among others.
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