- Drags State Government/Nasarawa Assembly To Court
Nasarawa state chairman of the Independent Democrats (I.D) has dragged the state Government to court over the appointment of Sole Administrators, the Lawyer turned politician also described the appointment as a mockery of the law, other defendant in the matter is the state House of Assembly.
Barrister,Haruna Ilyas S. in a suit No NSD/K23/2016 filed an exparte motion challenging the doctrine of necessity of the state Governor for appointing eleven Sole Administrators to man the affairs of the third tier of Government.
The chairman described the decision of the state Governor to appoint sole Administrators as a flagrant disobedience to court order,Nigeria constitution.
See the court details below
IN THE HIGH COURT OF JUSTICE
IN THE NASARAWA STATE JUDICIAL DIVISION
HOLDEN AT KEFFI
BARR. HARUNA S. ILIYASU
INDEPENDENT DEMOCRATS, NASARAWA STATE PLAINTIFF
GOVERNMENT OF NASARAWA STATE
ATTORNEY GENERAL AND COMMISSIONER
FOR JUSTICE NASARAWA STATE.
NASARAWA STATE HOUSE OF ASSEMBLY
IYA YIN ALLAH DEFENDANTS
HAJIYA SA’ADATU AYITOGO
MUSA SHUAIBU WAYO
In the matter of the interpretation of section 7 of the constitution of the Federal Republic of Nigeria 1999 (as amended.)
LET ALL PARTIES CONCERNED Within eight days after service of this summons on them, inclusive of the day of such service cause an appearance to be entered for them to this summons, which is issued upon application of Barr. Haruna S. Iliyasu Favour and the Independent Democrats of suits 11 & 12 Abzat Plaza, Abubakar Burga Road Keffi, Nasarawa State who prays this honourable court for the determination of the following questions with the consequential reliefs hereinafter followed wit.
QUESTION FOR DETERMINATION:
Whether section 7 of the constitution of the Federal Republic of Nigeria 1999 (as amended) which guarantees the system of democratically elected local government permits the appointment or selection of caretaker or transitional committee or sole administrators to run the affairs of a local government.
2.Whether the appointment of the 4th – 14 Defendants as sole administrators is valid having regard to the provision of section 7 (1) the constitution of the Federal Republic of Nigeria 1999 as (amended).
3.Whether the 1st Defendant has the power to determine the financial operation or salary of the 4th – 14th Defendants should the court holds that the appointment is not null and void.
4.Whether the action of the 1st Defendant constitute a gross misconduct.
WHEREOF the plaintiffs seeks the following relief:
A declaration that it is contrary to section 7 of the 1999 constitution for the 1st and second Defendants to appoint or select caretaker or transitional committee or sole administrators or any unelected person or persons by whatever name or description to run the affairs of local government in Nasarawa State.
A declaration that the 4th – 14th Defendants are not competent to exercise powers or function vested by a law Or by the constitution of the federal Republic of Nigeria in a local government.
A declaration that the 1st Defendant lacked the power to determine the finance or salary of the 4th – 14th Defendants should his impunity is allowed to go unpunished.
Injunction restraining the 1st,2nd, and 3rd defendants by themselves their Agents, servants and privies or otherwise howsoever from dealing with the 4th – 14th Defendants or anyone unelected person or persons by whatever name or description from running the affairs of local government in Nasarawa State.
Injunction restraining the 4th – 14th defendants from parading themselves by themselves, their agents, servants and/or privies as the officers of local government in Nasarawa State.
An order setting aside the appointment of the 4th – 14th Defendants as sole administrators.
An order mandating the 1st and 2nd Defendant to conduct election into the Local Government Councils in Nasarawa State.
Dated this………21/4………………………day of …………………………………2016.
BY THE ORDER OF THE COURT.
This summons was taken out by the herein name plaintiffs through their counsel.
Haruna S. I. Esq.
Haruna Ilyas & Associates
Abubakar Burga Road,
Keffi, Nasarawa State.
This Defendant may appear hereto by entering appearance personally or by legal practitioner wither by handling in the appropriate forms dully completed at the High Court Registry, Nasarawa State or by sending them to that office.
If the Defendant does not enter appearance within the time and at the time above mentioned such orders will be made and proceedings may be taken, as the judge may think just and expedient.