Daily Independent Online.
*
Tuesday, June 22, 2004.
Plateau objects to court hearing on emergency
rule
By Rotimi Fadeyi
Senior
Correspondent, Abuja and Godwin Egbara
Special
Correspondent, Bauchi
Plateau
State joined President Olusegun Obasanjo on Monday to challenge the
jurisdiction of the court to entertain the three separate suits on the
constitutionality of emergency rule in the state.
In
the preliminary objection filed by its Attorney General Jonathan Yusuf Pam, who
is also a defendant, the state government said the plaintiffs lack the locus
standi to institute the action. The plaintiffs include Gani
Fawehinmi, a Lagos lawyer.
The
state government further averred that the plaintiffs had failed to show that
they have a legal right to protect or enforce or that such interest was being,
has been or is likely to be, adversely affected by the action of the
defendants.
Before
Justice Jonah Adah adjourned further hearing till July 15, the three suits were
consolidated with the consent of the counsels.
In
one of them, instituted by two indigenes of state, their counsel Valerie Azinge
opposed the appearance of the state Solicitor General Fwangachi Huda (for Sole
Administrator Chris Alli) on grounds that officials of the Justice Ministry
cannot represent the head of “an illegal government since it is not
recognised by the Constitution”.
Last
Wednesday, Obasanjo, through his counsel Afe Babalola contended that the
federal high court lacked jurisdiction to entertain the case as the plaintiffs
did not have the locus standi to litigate.
Babalola
said the originating summons filed by all the plaintiffs failed to comply with
the mandatory conditions precedent to the issuance of valid originating
summons.
However,
the case could not go on as there was no proof of service of the preliminary
objection on the plaintiffs.
In
another development, the Conference of Speakers of State Houses of Assembly has
appealed to Abuja to rescind the suspension of the Plateau State Assembly.
Kaduna
State Assembly Speaker Bashir Usman Birnin Gwari, who disclosed this in Bauchi,
explained that even though the Assembly could not legislate it could still
function in an advisory capacity.
He
said the conference is not keeping mum on the Plateau crisis, as alleged in some quarters, but is
“working silently” to ensure that the elected legislators retain
their mandate.
He
blamed the executive arm of the state government for not leaving up to
expectation, adding that prior to the declaration of the emergency rule, people
of the state were denied the dividends of democracy.
