Plateau suspended LG chairmen suit:Court grants order to defendants to regularize processes, adjourned proceedings
By Daniel Agada, Jos
A Plateau State High Court sitting in Jos , Division has granted the application to the defendants for extension of time to enable counsel regularized all processes of the claimants 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 stroke out but that of the extension of time file 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 defendants counsel ,Barr.David Peter Dusun.
Honourable Justice ,S.B.Samchi adjourned to the 27/11/2023 to deliver ruling on the application seeking order of the court by the defendants counsel to allow the parties to join the proceedings .
He also adjourned to the 29/11/2023 for indefinite hearing on the originating surmount filed to challenge Governor Caleb Mutfwang and Attorney General of the state for illegal suspension from office in June,2023 and bringing care taker Committee.
In his ruling ,he said since the claimants wasn’t opposing the application for the extension of time but opposing the fresh application seeking the order of the court to allow interesting parties to join the suit shall be reserve.
He said that the application dated 31/10/2023 and filed on the 9/11/2023 wasn’t been oppose 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 motion for extension of time to file their counter affidavits in response to the respondent but however, they are ready to proceed.
David Dusun Esq, said that the adjournment was at instance of the defendants to file counter affidavits to the motion, meanwhile, they have two applications the first for 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 a bench ruling, Justice Samchi said that the court can’t contradict itself and he bound by the order that motion for extension of time should be move”,he said .
The two applications were moved together and that of 26/07/2023 filed on the 31/07 2023 was stroke out to pave way for 31/10/2023 and filed 09/11/2023 .
Justice Samchi ordered that the application from the defendants been allowed to regularized all processes and deem admitted that the application filed on the 9/11/2023 is allow as while.
