By: Valentine Adese (JP),
The Application for Joinder by the Transition Committees in the 17 Local Government Councils (LGCs) of Plateau State, dated 24th November 2023, but filed on the 27th November 2023, urging the Plateau State High Court presided over by Hon. Justice Samchi to be joined in Suit No: PLD/J257/2023, has been vehemently opposed by the Suspended Executive Chairmen of the 17 LGCs.
At the hearing of the suit today, Counsel to the Applicants for Joinder, D. P. Dusu (Esq), after the Court had granted them leave to file their response to the Counter Affidavit filed by the Claimants/Respondents on points of Law out of time because there was no objection, urged the Court to grant all the reliefs sought in the Application, after moving the Application in terms of the Motion Paper.
D. P Dusu (Esq) while moving the Motion said, “Before the Hon. Court is a Motion on Notice, dated 17th October, 2023, but filed on the 9th of November, 2023. It is seeking for two (2) reliefs as it appears on the face of the Motion.
“It is predicated upon 6 grounds. In support of the Application, is a Three (3) paragraph Affidavit and we also filed a Written Address as our submission for the Court to grant the application and the reliefs therein.
“We rely on the paragraphs of the Affidavit and the written address.
“Upon being served with the Counter Affidavit by the Claimants/Respondents, we filed a reply on Points of Law, dated the 27th of November 2023 and deemed filed and served by the Order of this Court.
“We also adopt the reply on Points of Law in urging the Court to grant the Application as prayed”.
However, T. Kekemeke (Esq), while responding on behalf of the Suspended LGCs Chairmen who were present in Court, told the Court that the Claimants are vehemently opposing the Application hence they (Claimants) have filed a Counter Affidavit as a reply.
Kekemeke (Esq) in part said, “We are opposing the Application and subsequently, we have filed a Counter Affidavit and a Written Address. The Counter Affidavit and the Written Address were filed on the 13th of November, 2023.
“We adopt the Counter Affidavit and the accompanying Written Address in urging the Court to dismiss the Application for lacking in merit.
“We were served this morning with the reply to the Counter and therein, the Applicants raised a fresh issue to which they submitted that this Court cannot make an Order against a “Non-Party”.
“We submit with due respect that the argument is of no moment. This is simply because the party seeking to be joined is a non-party and the reliefs being sought by the Claimants do not affect them.
“I urge the Court to refuse the Application because it is lacking in merit. It is just meant to delay the main case before the Court”.
After hearing the argument from both sides, the Court has fixed the 29th of November, 2023 for ruling on the Application.
You would recall that REALITY had earlier reported that the hearing of the Originating Summons (OS) is also fixed for 29th November 2023.
You would also recall that REALITY had reported that though the 17 Local Government Councils (LGCs) Chairmen and their Councilors who were suspended from office by the Plateau State Governor, Caleb Mutfwang (Esq) are still challenging the legality of their suspension from office at the Plateau State High Court, their misery is becoming compounded with recent steps been adopted by the Plateau State Government.
Firstly, the fact that they were removed allegedly against an Order of the Plateau State High Court which restrained the State Government, the Governor, and the Attorney-General of the state from taking such a step has remained an emotional frustration.
Secondly, the freezing of their individual accounts secretly using Orders obtained by the State Government through Motion Exparte has further destabilized the suspended Chairmen and their Councilors.
REALITY also gathered that in some cases, the accounts operated by the Chairmen and their wives and other family members were also affected, thereby putting the entire family into financial difficulties and unhappiness.
In most cases, REALITY gathered that the Chairmen who have fees to pay to their Counsels, seem to have also run out of the needed steam and ability to maintain the number of supporters who besiege the Court to encourage them. This has also seriously dwindled the numbers of supporters that constantly turn up for them, especially with the present high cost of fare in the state and the country at large.
Just a few days ago, the Plateau State chapter of the All Progressives Congress (APC) cried out that the State Government is squeezing the political and legal space by extending the tenure of the Transition Committees (TIC) appointed by the State Governor in their place.
The APC had alleged in a press statement made available to Media Houses in Jos that the state Governor had made the extension through the State House of Assembly to oversee the affairs of the 17 Local Government Councils in the state.
According to the APC in a Press Statement tagged: “THE SPEAKER PLATEAU STATE HOUSE OF ASSEMBLY IN COLLUSION WITH THE EXECUTIVE GOVERNOR OF PLATEAU STATE DISOBEY ANOTHER COURT ORDER”, signed by its STRATEGIC MONITORING TEAM, the extension is another “disobedience of Court Orders, Court Judgments and Subpoenas by the Plateau State-led PDP Government”.
The APC used the Press Statement to call on the Speaker of the Plateau State House of Assembly and the Executive Governor of Plateau State to “Give peace a chance on the Plateau and to seek justice for whatsoever they desire through LAWFUL means not by the display of impunity, crass abuse of law and intimidation”.
TO BE CONTINUED….
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