In a suit No NICN/JOS/35/2016 filed by Dr Raymond Juryit challenging the appointment of Dr Livinus Miapkwap as the Executive Secretary of Plateau State Primary Health Care Board (PSPHCB) while Dr. Juryits appointment is still subsisting. The claimant is seeking for a declaration that his appointment as the Executive Secretary of PSPHCB by the governor of Plateau state on 15.05.2015 and assumption of office for a tenure of five years is legal, valid and subsisting since it has not been revoked or terminated.
He further seeks a declaration that he cannot be removed from his duty post except on grounds stipulated by the law establishing the office and governing the employment between the claimant and the Plateau state government.
In their witness statement the defendants denied paragraph 4and 5 of the claim and avers that at no time was an interview conducted by anybody before the claimant was appointed and did not follow due process as provided under the law establishing the board.
The defence further avers that the board is a parastatal under the ministry of health which is the supervising ministry but the claimant has never had a good working relationship with the ministry.
The statement further disclosed that since due process was not followed in appointing the claimant the defendants have followed due process in terminating the claimants’ appointment as requested by the law establishing the board.
In presenting his case before the court on1.06.2018 the claimant avers that his appointment followed due process and he was recommended by the state ministry of health and it was approved by the Executive governor of Plateau state and he has assumed his office and his salaries and allowances were being paid him.
The letter of appointment dated 15.5.2015 was presented to court and was not objected to by the defence. Appointment letter was accepted as exhibit by the court. Under cross examination by the defence counsel the claimant denied that his appointment has been terminated.
He also denied he was ever quarried and he insisted he is performing his duties since his appointment is still subsisting.
Mr Ezra D. Bawa a Senior Special Assistant to the Governor was presented as the defence witness and he adopted his written statement as his evidence before the court.
Counsel to the claimant while cross examining the witness asked him if the claimants’ appointment and subsequent assumption of office was legal according to the law establishing the board and the witness answered yes.
He was also asked if there was any query issued to the claimant and he said he was not aware of any. He was asked if it is true that the claimant was not cooperating with the supervising ministry as deposed to in his witness statement and he replied that he is not aware of it.
It was observed by watchers of the unfolding drama that the defence did not plead or presented any document to substantiate the claim that the claimants appointment was terminated as deposed to in the defence affidavit.
The appointment of Dr Livinus Miapkwap is being viewed by stakeholders in the state as a promotion of Governor Lalongs tribal agenda.
Governor Lalong had nominated Dr Livinus for the job on 14.07.2016 the same day the World Bank approved a take off grant of 1.5 million US dollars to the PSPHCB for a project expected to bring in billions of naira to the state.
The court has fixed October 12. 2018 for the adoption of written submissions.