Yakubu Busari
The Chairman of the National Councilors Forum (NCFN), Plateau State Chapter, Hon.John Dashe has said they are heading to appeal court to seek the interpretation of the constitutional provision of section 95 subsection 1 of Plateau Local Government law 2016 over the desolation of their tenure in office by Governor Caleb Mutfwang.
The Chairman of the NCFN, John Dashe, and his Secretary Choji Williams Wusho , the Chairperson Conference of Leaders Forum, Hon. Rose Kwaprep Henzem said the section 95(1) didn’t empower the governor to dissolve or truncate the tenure of duly elected Chairmen and councilors in Plateau State.
He said, that for the third tier of government to remain the stimulus of grassroots development, its legislative arm must be ready to engage in more robust and meaningful debates, pass bye-laws that will position the local government councils for socio-economic prosperity and promote mutual interdependence with their council chairmen through diplomacy and tolerance.
The judge said that the Claimants came through the originating summon dated 18-04-2023 and filed on the first date of December 2023 were the speaker and Plateau State House of Assembly joint and having regard to the question of the relief sought by the claimant on 1999 constitution whether the Plateau State High Court has the jurisdiction to entertain the suit challenging the tenure of office.
According to Honourable Justice S.B.Samchi in his judgement section 95 (1) of Law Government law didn’t provide extraordinary power to the governor to terminate the tenure of elected Chairmen and councilors and appoint care taker committees.
However, section 308 said the appointment of the caretaker committee to the position of democratically elected Chairmen and councilors was a great violation to truncate the under section 95(1)/308 respectively.
Samchi stated clearly in judgment whether the executive governor was donated by power as the first defendant
Dashe explained further that the grassroots people are denied democracy dividends, and noted that the founding fathers of democracy had established that the Local Government legislative council remained pivotal in ensuring public accountability at the Local level through their oversight functions, public hearings, investigations, and other quasi-judicial roles.
“As we all know the legislative arm of government, being the fulcrum of democratic practice remains fundamental in promoting good governance, as it is the heart of democracy to the extent that some schools of thought have argued that it is the only under the present administration they 3 years tenure was truncated in Plateau State,” he said.
John Dashe called on Democrats to promote social justice, equity, and equality. This is because its members who are elected were sacked coupled with the onerous task of oversight on other arms in a democracy.
He also appealed for calm amongst the councilors that they should allow justice to prevail through the court process and he expressed without mincing words, that the legislature acts as a link between the public and the government is disconnected in the state.
In the five issues for determination, the jurist explained that the Claimants didn’t raise whether their tenure was truncated but answered in the affirmative that they’re suspended so as it stands no one filed a suit challenging their removal in office.
However, the issue of section 7 subsection 1 which borders on the LGA in Nigeria remains merely speculative but the suspension of elected Chairmen by Governor Caleb Mutfwang, Justice S.B.Samchi says that conduct was undemocratic unfortunate previous to temper with the section 21 of the constitution because he didn’t drive power anywhere else rather than destroying the electorate act.
The counsel to the Claimants, Top Kekemeke came through the originating summon and affidavit of 41 paragraphs and a written address has he placed reliance on it as his reply on point of law.
He raised 7 issues for determination and five were ruled in the favoured of the Claimants but the judgement went contrary based on the grounds they didn’t contest their illegal removal in office where the court said you can’t get what you didn’t ask for.
