Suspended Chairmen/Councilors Urge Court To Resist Application Seeking Rejoinder By Plateau Gov., Attorney General
Yakubu Busari
The Chairmen of the Seventeen (17) Local Government Councils and their Councilors in Plateau State have urged the court to dismiss an application seeking the order of the court for a rejoinder from the claimants originating surmount on the illegal suspension and truncating of their tenure in office.
The counsel to claimants, Top Kekemeke made an argument during the Monday proceedings at the Plateau State High Court presided over by Honourable Justice S.B.Samchi.
Hon. Miskoom Alex Naantuam, Jock Alamba, and 15 ors in a petition before the court seeking their reinstatement as their tenure in office haven’t yet expired including that of the councilors.
Barr. David Peter, the defendant’s counsel told the court that they had served the claimants on the 17/11/2023 clearing motion on notice by the defendants for rejoinder where the respondents had filed a counter affidavit challenging the ground of that application.
Adding, in response to the counter affidavit, we the defendants filed our reply on point of law which was filed out of time and he is seeking the leaf of the court to allow the claimants to reply on point of law.
According to him, the claimants have been served with a motion this morning as Dusu the defendant’s counsel apologized for a peaceful resolution. We are ready to proceed and the claimant’s counsel Top Kekemeke said they’re equally ready.
Justice Samchi, urged the defendants to proceed and Dusu presented the motion on notice dated 24/11/23 and was filed on 27/11/23, where he said, this application was not opposed by the claimant’s counsel top Kekemeke as was moved.
However, Dusu urged the court to grant him all the reliefs sought as this was not opposed by the claimant’s counsel.
Justice Samchi delivered the ruling on the application dated 27/11/23 hereby granted as prayed and replied of 13/11 /23 on point of law deemed to have been filed on claimants and the defendant’s motion on notice rejoinder they’re ready.
Dusu disclosed that before this honourable court is a motion on notice dated 17/10/23 and filed on 9/11/23 seeking two reliefs and predicted on six (6) grounds in support is a 3 paragraphs affidavit deposed by one Nehemiah Abi also filed a written address and he urged the court to grant the said application.
He relied on paragraphs of the affidavit as he adopted the written address upon serving on the claimant’s counsel. We filed on 27/11/23 deemed to have been filed on the same date by the order of the court also adopted the reply on point of law and urged the court to grant the application as prayed.
In a swift response, Top Kekemeke opposed the second application consequently, they’ve also filed a counter affidavit and a written address challenging that the application seeking a rejoinder counter affidavit dated 13/11/23 was accompanied by a written address all adopted urging the court to dismiss the motion utterly lacking in merits.
We serve them replied by point of law this morning the defendants raises fresh issues to which this honourable court can’t make order time pass. It can’t make an order to an unknown party this is similarly seeking to join as a party the reliefs on the originating doesn’t affect,” it is a fresh issues in paragraph 1:07 page 6 so Top Kekemeke urged the court to refuse the application for lacking in bonefishes only main to delay the hearing of this substantive suit .”
Samchi adjourned the ruling to 29/11/23 and continuation of hearing on the originating surmount as secluded.
