JOS — THE Federal High Court sitting in Jos has turned down a suit filed by members of the suspended Plateau State House of Assembly, challenging their suspension and imposition of emergency rule in the state. Justice Halidu Soba, in a ruling said the case should be transferred to the Abuja Judiciary Division of the court. The ruling came as the Administrator of the state unfolded his plans for peace.
Justice Jonah Adah of the Federal High Court, Abuja, hearing a string of suits challenging the declaration of emergency rule in the state said he would hands off if it was confirmed that the issue was already before the Supreme Court.
Information about the Supreme Court case came from Chief Afe Babalola (SAN) who was in court yesterday to represent the Federal Government in all the cases before him on the emergency rule in Plateau State.
According to Chief Afe, “there is a similar suit pending before the Supreme Court with suit number SC\113\2004 filed by Chief FRA Williams (SAN) on behalf of Plateau State of Nigeria.
“The case has already been adjourned till October 21, 2004 for hearing.,” he said.
Justice Soba said the Abuja Judicial Division of the Federal High Court was the appropriate venue for the case since the defendants in the case were all based there. Justice Soba had asked counsel to the parties to address the court on whether Jos was the appropriatevenue to hear the case when the defendants— President Olusegun Obasanjo, Attorney-General of the Federation and Minister of Justice and the National Assembly— were not based there.
The two sides subsequently addressed the court on July 2, arguing for and against the choice of the Jos Judicial Division to hear the case. Justice Soba in his ruling agreed with the submission of the defencecounsel that the residence of the defendants in a case was a major determinant of the venue of such a case.
Accordingly, he directed that the case be transferred to Abuja for hearing and determination.
Alli's programme
Meanwhile, Administrator of the state, Major-General Chris Alli (rtd.), has finally come up with a programme for his six-month tenure in the state, detailing his agenda for achieving peace within the period of the state of emergency. The programme, which covers May to November when the emergency period is expected to lapse, showed that the much talked about Plateau Peace Conference would hold in August to be followed by a Truth and Reconciliation Commission between September and October.
