Court dismisses suspended Plateau LG Chairmen suit against Mutfwang, others
By Agada Daniel, Jos
A Plateau High Court sitting on Tuesday dismissed a suit No:PLD/J/257/2023 filed by suspended local government Chairmen and Councilors in Plateau State against Governor Caleb Mutfwang, the Attorney General, Speaker of the state Assembly and the Plateau State House of Assembly respectively.
Recalled the Claimants,1-33 consisting of chairmen and Councilors on the 18/5/2023, approached and prayed the Court to restrain Plateau state Government from truncating their three years tenure and replace them with Transition Implementation Committee Chairman.
It was the claimants contention that, based on the provisions of section 7(1) of the 1999 Constitution of the Federal Republic of Nigeria as amended and section 95(1) of Plateau state local government local law, it is illegal for a governor to removed democratically elected chairmen and Councilors.
They further posits that the action of the Governor is nullity, urging the court to grant their prayers.
The Defendants in their submissions draw the attention of the Court that prayers sought by the claimants was frivolous, hypothetical and speculative in nature.
Defendants also revealed that the chairmen were merely suspended by the state government pending when investigation on financial misappropriation is carried, and not removed as the claimants claimed.
They urged the court dismissed the suit for lacking in merit.
Delivering his judgment, Hon. Justice S. Samchi upheld he totally agreed with the claimants submission that the Governors lack jurisdiction to removed democratically elected local government chairmen as mentioned by the Supreme court, Nigeria constitution, and Plateau state local government law.
However, the jurist disagreed with the claimants position that Plateau state government removed them from office.
“I agreed with the Defendants, and I found the case of the claimants to be frivolous, hypothetical and speculative in nature. There is no sufficient evidence to backing the claimed. I therefore stroke out the claims for want of course of action by the claimants”, Justice Samchi held.
