PLATEAU: BREAKING: LGC CHAIRMEN AND 325 COUNCILORS vs GOV. MUTFWANG (ESQ): LITIGANTS HEADING TO COURT OF APPEAL

By: Amb. Valentine Adese (JP),

Suit No: PLD/J257/2023, filed by the 17 suspended Local Government Councils’ Executive Chairmen and their 325 Councilors in Plateau State, challenging the powers of the Plateau State Governor, Caleb Mutfwang (Esq) and the State Attorney-General (A-G) to removing them from office and in their place, a Committee, has been dismissed by the Plateau State High Court, presided over by, Hon. Justice Dasplang Samchi. However, dissatisfied with the apart of the Ruling and Judgment of the Court, Litigants in the matter are preparing to head to the Court of Appeal to test the decision of the Plateau State High Court. REALITY gathered.  

You would recall that REALITY had earlier reported that the Court had earlier dismissed the Preliminary Objection (PO) filed by the Defendants against the Originating Summons, which was challenging the jurisdiction of the Court to entertain the Suit.

The Defendants in their Preliminary Objecting (PO) had submitted that the Court has no jurisdiction to entertain the Suit because the Chairmen had filed the Suit in their official capacities as Executive Chairmen and Councilors of their respective Councils and are represented by private Legal Practitioners without the approval of the State Attorney-General, as provided by the Plateau State Local Government Law.

You would recall that the Defendants had called on the Court to strike out the Suit on this ground.

The Court, however, dismissed the PO because the Defendants’ Counsel could not establish the Consequences of the violation.

According to the Judge, “I searched severally and could also find it too”.

 The Court in its Judgment while determining the question of whether the Plateau State Local Government Law in Section 95(1) had donated powers to the Governor to sack, remove, or suspend and thereafter, replace the sacked Chairman with a Committee as observed in the Laws of Oyo and Ekiti State in a Suit decided by the Supreme Court, the Plateau State High Court held that the Local Governor Law of Plateau State, differed from that of Oyo, and Ekiti States, as it does not empower the Governor of Plateau State to Suspend, Remove of Sack Local Government elected Executives and Councilors in the State.

Adding that, “Section 95(1) only contemplates emergencies that demand urgency. It rather empowers the Governor to extend the tenure of the incumbent Local Government Chairmen in case an election cannot be conducted. No Law of the State empowers the Governor to intervene in the affairs or collude with the House of Assembly to remove Local Government elected officials.”

On their part, the Claimants have told Journalists in an on-the-spot interview at the premises of the Court that, they are dissatisfied that the Court, having resolved all the questions in the negative still went ahead to dismiss the Suit.

“Secondly, after the Court's findings that the Governor has no power to suspend them from office as Democratically Elected Officers, still took no step to remedy their situation”. They added.

They lamented that “it was the Court that directed all parties to withdraw all applications in the matter to pave the way for the Judgment before the Counsels did in obedience.

“This is a surprise and we shall test it at the Court of Appeal”. They added.

THE REPRODUCTION OF THE QUESTIONS FOR DETERMINATION THAT WERE RESOLVED IN THE NEGATIVE, COMING SOON…