Court squashes former Plateau LG Chairmen’s petition 

BY EZEKIEL DONTINNA 

  The petition filed by the former Plateau State Council Chairmen of Local Government sitting in Court 15 of the Jos High Court against Governor Caleb Mutfwang,challenging their removal has been squashed yesterday by Justice S. B. Samchi, for lack of merit.

    Describing it as speculative, pre-aimtive and subjective, the Judge leaned on the argument of the defendants Counsel that Council to the Claimants filed the petition on 18/5/2023 before their claims removal and that, they were not removed by the defendant but rather suspended months after their petition.

     Although, the judgement observed question for determination in the Section 90 of the Federal Republic of Nigeria as amended that restricts the Governor from terminating the tenure of any elected Chairmen unless expired, but also leaned on section 95 (1) of the Local Government Law of Plateau State 2016 that empowers the Governor to remove them.

     After considering the two provisions of the law and struggled to hold the position of the claimant and that of defendant, the court lack the ability to weigh the claimant’s argument as they were said to be not removed, but suspended and thereby squash the petition for lack of base.

  Speaking shortly after the judgement, the Counsel to the Claimants, Barr. T. Kekemeke, said, “the learned Judge frown that the Governor cannot remove them. Even though, in the counter affidavit filed by the respondents said that the Governor used those powers to suspend them.

      “So, when the learned Judge frown that the Governor cannot remove them using section 95 of the Plateau State local government law, it became clear therefore by some deductive reasoning, that these people cannot be removed from office.

      “This is because their rights to exercise their three years tenure as representatives of the people is inviolable. It cannot be taken from them except by democratic processes.

      “The learned Judge did not say that the Governor cannot remove them and as far as he is concerned, the Governor can use section 95 and remove them, but notwithstanding all of these findings, he stroke out the action on the bases that they have not been removed. But it is public knowledge!”, he wondered.

    Kekemeke, however, cleared air that he has no power as a lawyer to tell Journalists that they were contemplating going to Appeal Court but that, it was and must be at the purview of the claimants.

     Efforts to get Counsels to the Governor, Attorney General of the State and the Speaker proved abortive as they were all rushing out to their cars.