Judge transfers suit on suspension of Plateau Assembly
From Isa Abdulsalami, (Jos) and Emmanuel Onwubiko, Abuja
THE Federal High Court in Jos has transferred to Abuja Judicial Division, the case in which members of the suspended Plateau State House of Assembly are challenging the legality of their suspension alongside the executive arm.
On May 18, 2004, President Olusegun Obasanjo declared a state of emergency in the state suspending the governor, his deputy and the House for gross incompetence and insensitivity.
Joined as co-defendants are the Minister of Justice Akin Olujinmi believed to have advised the President before taking the action and the National Assembly for endorsing it.
When the case was first mentioned two weeks ago, the trial judge, Mr. Justice Halidu Soba, reserved ruling till yesterday on the issue of jurisdiction and venue of the hearing.
The counsel to the plaintiffs, Mr. Okey Akobundu, had argued that the action taken by the Federal Government in suspending the House together with the executive was contrary to Section 305 of the 1999 Nigerian Constitution.
He further averred that it would take the intervention of a Court of Appeal to correctly interpret the legal implication of that section.
But the counsel to the defendants, Mr. Lateef Fagbemi (SAN), had argued that the suit as constituted was incompetent, adding that the court lacked inherent jurisdiction to entertain it.
He also raised a preliminary objection, apart from a lack of jurisdiction, that the plaintiffs had no locus standi to institute and prosecute the action.
Fagbemi submitted that a proper party was not before the court and that originating summons as issued was grossly incompetent and an abuse of court process.
It was also his contention that the facts contained in the affidavit in support of the originating summons and the issues and claims formulated had not disclosed a reasonable cause of action.
In an affidavit, the Speaker of the suspended House, Mr. Simon Lalong, had posited that by the declaration of the state of emergency, they had been rendered redundant in performing their constitutional duties of making laws for the people of the state.
Lalong said he knew that the issues raised bordered on constitutional interpretation, adding that in the interest of justice, the matter be referred to the Court of Appeal for the interpretation of the constitution.
Having cited many decided cases and legal authorities, Justice Soba yesterday transferred the matter to the Abuja Judicial Division for convenience.
According to him, all the defendants reside in Abuja, adding that the state of emergency was declared in Abuja.
Reacting to the ruling, Plateau House Chairman on Information, Mr. Gambo Mbilamut, said the ruling was very convenient for them as it did not change the veracity of the case.
"The movement to Abuja is still consistent with our argument that some wrongs have been done, so we believe the process is alright," he said. Mbilamut added that going to Abuja or staying in Jos did not matter.
"All we want is that justice must not only be done but must be seen to be done so that the society will benefit from what is going on," he added.
Meanwhile, litigants challenging the declaration of state of emergency in Plateau State at the Federal High Court, Abuja may have to wait a little longer.
Justice Steve Jonah Adah yesterday said he might wait the outcome of a pending suit at the Supreme Court by the Plateau State legislature before deciding the next step to take in the three suits before him.
The suits before the Federal High Court, Abuja were instituted by Chief Gani Fawehinmi and his political party, Mr. Chima Ubani, several human rights activists and some indigenes of Plateau State.
Justice Adah adjourned all the cases to July 27, 2004 for hearing but mandated Chief Afe Babalola (SAN), the Federal Government's lawyer to provide all necessary processes concerning the pending suit at the Supreme Court at the next adjourned date.
The Federal High Court took the decision after Babalola had informed it that there was a pending suit at the Supreme Court filed on behalf of the plaintiffs by Chief Frederick Rotimi Williams (SAN) and that the apex court had fixed October 24, 2004 for hearing.
He stated that all the matters before the Federal High Court should be stood down to await the outcome of the matter at the nation's apex court.
