The Motion on Notice filed in Suit No. PLD/J284/2001, by Judgment Creditors, Masok Malo Tagben, Malo Matawal and Enock Kamo (for themselves and on behalf of the Dyak Ruling House of Butura) against The Honourable Commissioner for Ministry of Local Government and Chieftaincy Affairs, Plateau State, Hon. Dayabu Garga, his Permanent Secretary, Mr. James Yilnaan, Barr. Michael Dadok, a Director in the Ministry, Mr. Monday Adachin and the District Head of Bokkos, has been adjourned to the 26th of October, 2017, for the hearing of Motions and Ruling on them.
The court at its sitting today, could not delve into the substantive matter, as the regularization of processes by counsels in the matter, indicated to the court that some processes have not been served properly on the parties.
However, Counsel to the Creditors/Applicants S.S. Obende Esq, of SS. Obende & Co, had applied for the issuance of arrest warrants for the 4th and 6thRespondents (Hon. Luka Makut Bwoi and Mr. James Yiltaan) because they were not in court, the court ruled that the business of the day was to regularize processes.
It would be recalled that in the Motion on Notice filed in Suit No. PLD/J284/2001, by the Judgment Creditors, Masok Malo Tagben, Malo Matawal and Enock Kamo (for themselves and on behalf of the Dyak Ruling House of Butura) against the Contemnors/Respondents, coming under, Orders 9, 33 and 42 of the high Court Civil Procedure Rules (As amended); the Practice Directions and Order 5 Rule 7 Judgment Enforcement Rules, by their Counsel, S. S. Obende of S. S. Obende & Co, the Judgment Creditors have prayed the Court to order the committing of the following:
- Mr. John Gabriel Mallo
- Mr. Bulus Mandor
- Mr. Monday Adachin
- Hon. Luka Makut Bwoi
- Dayabu Garga
- Mr. James Yilnaan and
- Mr. Mike Dadok
To prison for their alleged acts of willful disobedience to the orders of the High Court, by which they held the authority of the court in great disrespect and contempt.
They are praying the court to remand them in prison custody until they purge themselves of the act of contempt.
According to the grounds of the application, the Judgment Creditors had averred that:
- On the 16th day of March, 2005, the High Court in Suit No. PLD/J284/2001, entered judgment for the Dyak family in this suit and made specific positive orders against the defendants/Respondents/ contemnors, in respect of the Traditional Title of the Galadima Butura.
- This court in the drawn up order signed by the High Court Judge on the 21st March 2005, ordered amongst others thus:
- That only a male adult member of the Dyak Clan is entitled to be appointed the Galadima Butura by Saf Nyorong, who is the sole Appointing Authority.
- That the Defendants, jointly or severally have no powers and legal rights to interfere with the nomination, selection, appointments, suspension and removal of the holder of the Chieftaincy Title of the Galadima Butura in Bokkos Local Government Council.
- That the defendants, their agents, servants or privies are hereby restrained from any manner, interfering in or tempering with the Title of the Galadima Butura of Bokkos Local Government Area, henceforth.