Plateau Suspended LGs Chairmen: Court Grants Order To Defendants To Regularize Processes

Yakubu Busari

A Plateau State High Court sitting in Jos, Division has granted the application to the defendants for an extension of time to enable counsel to regularize all processes of the claimant’s counsel in the 17 suspended Local Government Chairmen and counselors’ motions, counter affidavits including preliminary objections raised.

The first application for parties sought to join was struck out but that for the extension of time filed by Governor Caleb Mutfwang and Attorney General of Plateau State dated 26th July, 2023, was dismissed and granting the second dated 31st October,2023 as prayed by the defendant’s counsel, Barr. David Peter Dusun .

Honourable Justice ,S.B.Samchi adjourned to 27/11/2023 to deliver a ruling on the application seeking an order of the court by the defendants counsel to allow the parties to join the proceedings.

He also adjourned to 29/11/2023 for an indefinite hearing on the originating summons filed to challenge Governor Caleb Mutfwang and the Attorney General of the state for illegal suspension from office in June 2023 and bringing a caretaker Committee.

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In his ruling, he said since the claimants weren’t opposing the application for the extension of time but opposing the fresh application seeking the order of the court to allow interested parties to join the suit shall be a reserve.

He said that the application dated 31/10/2023 and filed on 9/11/2023 hadn’t been opposed by counsel to the respondent so it is hereby granted as prayed.

The counsel to the respondent, Barr.Top Kekemeke told the court that the matter was slated for prehearing notice from the defendants who presented the motion for an extension of time to file their counter affidavits in response to the respondent but however, they are ready to proceed.

David Dusun , said that the adjournment was at the instance of the defendants to file counter affidavits to the motion, meanwhile, they have two applications the first for an extension of time and the second application to join as interesting or the necessary parties in the suit.

According to him,” he apologized to the court that the application was filed and served to parties this morning on the 9th Day of November 2023 so it is better to take the motion on the necessary parties first because that might affect the proceedings and he is not going to preempt the mind of the court.

Delivering every bench ruling Justice Samchi said that the court can’t contradict itself and he is bound by the order that the motion for extension of time should be moved”, he said.

The two applications were moved together and that of 26/07/2023 filed on 31/07 2023 was struck out to pave the way for 31/10/2023 and filed 09/11/2023.

Justice Samchi ordered that the application from the defendants be allowed to regularize all processes and deemed admitted that the application filed on 9/11/2023 is allowed a while.