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Daily Independent Online.
* Friday,July 16, 2004.
Plateau drags FG to
Supreme Court over emergency rule
From:
Rotimi Fadeyi
Senior Correspondent, Abuja
The
suspended government of Plateau State and House of Assembly have dragged
the Federal Government and the National Assembly to the Supreme Court
over the declaration of a state of emergency in the state and the
suspension of duly elected organs established by the 1999 Constitution.
But while
this is on, the Sole Administrator of the state, General Chris Alli (rtd)
and its attorney general on Thursday at a Federal High Court in Abuja
lost in their bid to change their counsel.
They had
briefed Mr. Ricky Tarfa (SAN) to take up their defence in three separate
suits filed before the court where the plaintiffs are challenging the
declaration of emergency rule in the state.
In the case
before the Supreme Court, it has fixed October 21 for the hearing of the
suit filed by Chief Rotimi Williams (SAN). The plaintiffs are asking the
apex court for the determination of the following:
•A
declaration that the suspension by the president by Statutory Instrument
No.4 of 2004, of the duly elected organs or authorities established by
the said 1999 Constitution
•A
declaration that the president has no power inherent in him by virtue of
his office to suspend the duly elected governor and House of Assembly
•A
declaration that the said suspension of the duly elected governor and
House Assembly during the period of the state of emergency and their
replacement by Administrator appointed by the president constitutes a
violation of section 11(4) and (5) of the 1999 Constitution and are
accordingly unconstitutional, null and void.
•An order of
perpetual injunction restraining President Olusegun Obasanjo, the
emergency administrator and their agents and privies from exercising any
further functions or performing any further acts in the administration of
Plateau State.
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