Hon Ubandoma Laven Urges Court To Stop Lalong, PLASIEC From Conducting Langtang North Council Poll

Yakubu Busari

The Executive Chairman of Langtang North Local Government Council of Plateau State, Hon Ubandoma Joshua Laven has dragged the Plateau State Independent Electoral Commission (PLASIEC ) Local Government & Chieftaincy Affairs, Plateau State Governor Simon Bako Lalong, and the Attorney General of the Plateau state seeking the order of the court to stop the forthcoming  LG polls scheduled for October 2021.

The claimant Counsel, Niri Darong, on Friday says the matter was adjourned today for hearing on motion notice of their interlocutory injunction served before the defendants, but the claimant /Applicant was just served yesterday 5th of August,2021.

We pray the court to entertain this suit after a long filing, but due to the circumstances we are asking for a short date to respond.

The following include, state Commissioner for Local Government and Chieftaincy Affairs, Governor Simon Lalong, and Attorney General of the State as 2nd, 3rd, and 4th defendants.

The Chairman of PLASIEC Hon Fibia Ntung Ari has fixed the council polls in October including Langtang North LGA, whose chairman is only in the second year in office of court his mandatory three-year tenure having sworn a year after others in 2019.

Joshua-Laven, in a motion on notice filed before Justice Ishaku Kunda of State High Court 5, said that his action was in pursuance to order 42 and 43 of the Plateau State High Court (civil procedure) rule 2020, section 7 of Construction of the Federal Government 1999 (as amended) and section 38 of LGA Laws 2016 and section 18 of State Independent Electoral Commission (PLASIEC) 2016.

Joshua-Laven explained that Plateau State, Local Government Council Election Appeal Tribunal declared him to be the duly elected Chairman of Langtang North Local Government Council by its judgment of 19th July 2019 for 3 years tenure but there is a plot to truncate the court process.

He said that PLASIEC then issued him with a Certificate of Return on the 17th October 2019 while Governor Lalong administered the Oath of Allegiance and Oath of Office to him on the 9th October 2019.

“The tenure of the Applicant as Chairman of Langtang North Local Government Council under section 38 of the Plateau State, Local Government Council Law, 2016, is for three (3) years effective from the date he took the Oath of Allegiance and Oath of Office.

“But the Respondents have fixed 9th October 2021 as the date to conduct election into the Office of Chairman of Langtang North Local Government Council, among others.

“If not restrained, the Respondents would truncate the statutory three-year tenure of the Applicant,” Joshua-Laven argued.

Consequently, Joshua-Laven is seeking for “an order of  this Honourable Court for an interlocutory injunction restraining the defendants by themselves, their agents, representatives or privies from doing anything or taking steps towards conducting elections into the office of Chairman of Langtang North Local Government Council on 9th October 2021 pending the hearing and determination of the substantive suit.”

He was also seeking an order of the Court for a mandatory injunction restraining the defendants, their agents, or privies from doing anything or taking any step prejudicial to his Office pending the determination of the substantive suit.

When the case came up for mention before Justice Ishaku  Kunda on Friday, adjourned the hearing to the 17th August 2021 for ruling on the motion of injunction.

However, counsel to the defendants Barr. Fidelis.Kaatpo didn’t oppose the application for adjournment sought by the Applicant, Claimant.

You would recall that all the defendants and their Counsels were absent on the first appearance has not been served with the hearing notices.

” My Lord, it’s unfortunate that none of the defendants’ Counsel is in Court today, even though we have served them with our motion on notice,” Darong told the Court

“However the clerk of the court just informed us that the 1st respondent has filed a counter-affidavit in reply to our motion, but that copies were not provided for service on us today,” he explained.

The Judge expressed shock at the flaunting of his earlier order that the hearing notice be attached to the motion on notice served on the Respondents.

Darong then noted that considering the circumstance, the case could not go on and he quickly applied for an adjournment to enable the court to serve them (defendants) with hearing notices.”